Reversal by Recusal? Comer V. Murphy Oil U.S.A., Inc. And The Needfor Mandatory Judicial Recusal Statements

[Excerpt] In many cases, if not most, voluntary judicial recusal is both an efficient use of judicial resources and an exceptional safeguard to the legitimacy of the federal judiciary. However, voluntary judicial recusal poses its own unique problems when the withdrawing judge declines to issue a statement explaining the statutory grounds for his or her recusal. Unlike when a party seeks to disqualify a judge by motion—where the reasons for recusal will, at a minimum, be set out in the motion papers—when a judge voluntarily recuses, there is not necessarily any record created as to the reasons for the recusal. Such recusals leave litigants in the dark, creating numerous practical problems where the recusal itself has collateral consequences. These problems are compounded when, prior to recusal, the judge has already taken meaningful action in the case. This article will analyze the recent case of Comer v. Murphy Oil USA Inc. in an effort to illustrate several of the many reasons why federal judges, upon voluntary recusal, should be required to issue a statement identifying the statutory provision requiring their disqualification. The article will also argue that where a judge is recusing him or herself from a case where the basis of the recusal may be waived, the parties should be permitted to demand, and receive, a statement sufficiently detailed so as to permit them to waive the conflict if they so choose. To put the arguments in context, this article will first lay out the highly unusual procedural history of Comer v. Murphy Oil USA, Inc. Next, the article will use the facts of Comer to illustrate several problems created, exacerbated, or made insoluble by voluntary recusal without the issuance of a recusal statement. Finally, the article will propose two statutory provisions for suggested inclusion in the federal judicial recusal statutes. Those provisions would require judges to issue basic recusal statements whenever they become disqualified and more detailed statements in appropriate circumstances without requiring a level of detail that would over burden the judiciary or impinge too far upon the privacy interests of individual federal judges

Which indicators of early cancer diagnosis from population-based data sources are associated with short-term mortality and survival?

BACKGROUND: A key component of recent English cancer policy is the monitoring of trends in early diagnosis of cancer. Early diagnosis can be defined by the disease stage at diagnosis or by other indicators derived from electronic health records. We evaluate the association between different early diagnosis indicators and survival, and discuss the implementation of the indicators in surveillance of early diagnosis. METHODS: We searched the PubMed database and grey literature to identify early diagnosis indicators and evaluate their association with survival. We analysed cancer registrations for 355,502 cancer patients diagnosed in England during the period 2009-2013, and quantified the association between each early diagnosis indicator and 30-day mortality and five-year net survival. RESULTS: Each incremental difference in stage (I-IV) predicts lower 5-year survival, so prognostic information is lost in comparisons which use binary stage indicators. Patients without a recorded stage have high risk of death shortly following diagnosis and lower 5-year survival. Emergency presentation is independently associated with lower five-year survival. Shorter intervals between first symptoms and diagnosis are not consistently associated with improved survival, potentially due to confounding from tumour characteristics. INTERPRETATION: Contrary to current practice, we recommend that all the stage information should be used in surveillance. Patients missing stage should also be included to minimise bias. Combined data on stage and emergency presentation could be used to create summary prognostic measures. More work is needed to create statistics based on the diagnostic interval that will be useful for surveillance

Spontaneity to serendipity: from an enediyne core biosynthetic hypothesis to the hexadehydro-Diels-Alder reaction

University of Minnesota Ph.D. dissertation. August 2014. Major: Chemistry. Advisor: Thomas R. Hoye. 1 computer file (PDF); xiii, 283 pages.Enediyne containing natural products have promising potential as cancer therapeutics due to their unique molecular architecture. The (Z)-1,5-diyn-3-ene subunit in the enediyne core can undergo cycloaromatization to yield a diradical capable of scission of the DNA double helix. While the biological mechanism of action is well established, almost nothing is known about the biosynthesis of the enediyne core. Specifically, researchers have been unable to identify a cyclase enzyme capable of ring-closing acyclic precursors. In the case of 9-membered enediynes, we propose that the bicyclic enediyne core is formed biosynthetically via spontaneous (i.e. non-enzymatic) cyclization from an acyclic precursor. In the course of examining this hypothesis, we serendipitously encountered a [4+2] cyclization between a diyne and an alkyne. The product of such a cycloaddition is one of the oldest and most interesting reactive intermediates in organic chemistry, o-benzyne. This process, which we have termed a hexadehydro-Diels-Alder (HDDA) reaction, has remained almost entirely unexploited until now. The strategy unites an entirely atom-economical, thermal generation of arynes with their in situ elaboration into a diverse set of polysubstituted benzenoids. HDDA precursor triynes cycloisomerize in a very exergonic fashion to produce complex benzyne intermediates, which are trapped with a variety of inter- and intra-molecular functionalities in an efficient and selective manner. The byproduct-free environment in which the benzynes are generated allows for new trapping reactions to be discovered and for mechanistic pathways to be interrogated and elucidated

ACT-Enhanced Behavior Therapy in Group Format for Trichotillomania: An Effectiveness Study

Background This study sought to investigate the effectiveness of group treatment for trichotillomania (TTM) in ordinary clinical settings. Treatment consisted of a combination of habit reversal training (HRT) and acceptance and commitment treatment (ACT). Both short- and long-term effects were explored, as well as individual change trajectories. Methods The sample consist of fifty-three patients with TTM. Treatment outcomes were evaluated at post-treatment and at one-year follow-up using self-report questionnaires (Massachusetts General Hospital Hair Pulling Scale, MGH-HS), structured clinical interviews (National Institute of Mental Health Trichotillomania Severity Scale, NIMH-TSS), and the Clinical Global Impression scale for TTM (CGI-TTM). Results Analyses by mixed models for repeated measurements yielded a statistically significant effect of time (p Conclusions ACT-enhanced behavior therapy in a group format seems efficient for reducing symptoms of trichotillomania

Metadata Deep Dive: Results from a Detailed Quality Assessment of NASA's Earth Observation Metadata

No abstract availabl

Implementing Learning Design to support web-based learning

Preprint AusWeb04 Conference July Australia.In this paper we consider an initial implementation of a system for managing and using IMS Learning Design (LD) to represent online learning activities. LD has been suggested (Koper & Olivier, 2004) as a flexible way to represent and encode learning materials, especially suited to online and web-based learning while neutral to the pedagogy that is being applied. As such it offers a chance to address a gap in the preparation of learning materials and their eventual use by students by providing a formal description of the approach, roles and services needed for a particular unit of learning. The potential in learning design that most interests us is its scope for the exchange of validated and formalised designs and so encouraging reuse. Until full implementations exist this potential cannot be explored and it is hard to predict if learning design will provide value in describing either full courses or in describing isolated activities. The initial work is therefore to implement a system for managing, validating and inspecting learning design building on collaboration between the Institute of Educational Technology at the Open University UK (OUUK) and the Educational Technology Expertise Centre (OTEC) at the Open University of the Netherlands (OUNL), who produced a Learning Design Engine CopperCore (http://coppercore.org/) released under Open Source

Broadband Access, District Policy, and Student Opportunities for Remote Learning During COVID-19 School Closures

We conceptualize students’ opportunities to learn remotely during the initial school closures associated with the COVID-19 pandemic. We then examine variation in remote instruction using an original statewide survey of teachers in Tennessee, deployed just a few weeks into the closures. Using three-level logistic regression models, we explore potential predictors of regular remote instruction, including prepandemic measures of broadband access, the demographic composition of schools, and measures of district policy responses created from districts’ public COVID-19 plans. We find that teachers in schools serving more economically disadvantaged students and in rural districts are less likely to report regular remote instruction, especially via providing digital resources and holding virtual classes or tutoring. Fewer opportunities for Tennessee’s rural students appear driven in part by lower community access to high-speed broadband, but district policies to distribute technology may partially mitigate this gap in access