In August 2006, a federal district court held that the Terrorist Surveillance Program violates the Fourth Amendment. Scholars have debated the legality and constitutionality of the program ...extensively since the New York Times first publicized its existence in December 2005. In this Article, I look beneath the surface of that raging debate to one of the premises underlying the court's conclusion, that the Fourth Amendment protects the confidentiality of communications. I explore the origins of the notion that the Fourth Amendment protects communications privacy. Most scholars and commentators look to Justice Brandeis's famous dissent in the 1928 case Olmstead v. United States. In this Article, I contend that we must go further back, back to surveillance of the first communications network in the United States, the post office. I explain the history of postal surveillance and show that the principle of communications privacy derives not from the Fourth Amendment or even from the Constitution at all. Rather, it comes from early postal policymakers who put that principle into postal ordinances and statutes in the late eighteenth century. Over time, the principle of communications privacy became embedded into the postal network by both law and custom. It was only then that the Court incorporated it into the Fourth Amendment in the 1878 case Ex parte Jackson, which in turn served as one of the bases of Justice Brandeis's Olmstead dissent. So, if today we see the principle of communications privacy as fundamental to the Fourth Amendment, we have postal policymakers to thank, for it was through the post office, not the Constitution or the Bill of Rights, that early Americans first established that principle.
...their goal is to complicate the standard account of how both constitutional and statutory law operate at the level of actual legislatures and courts. ...what the history of federal tax withholding ...tells us is that there may well be entrenched statutes littered throughout the law, statutes that evoke no value of any kind and yet are fundamental to the operation of the government.
Sturge-Weber syndrome (SWS) is a rare congenital neurocutaneous disorder. It is characterized by the presence of facial port wine stains, neurological abnormalities like seizures and mental ...retardation, ocular disorders, oral involvement and leptomeningeal angiomas.
A 13-year-old boy presented with the chief complaint of swollen, bleeding gums and deposits on the teeth. Detailed medical and dental history, clinical examination and investigations confirmed the diagnosis of Sturge-Weber syndrome. The treatment comprised of a thorough plaque control regimen to reduce the gingival enlargement, and it included oral hygiene instructions, thorough scaling, root planing at regular intervals and plaque index scoring which motivated the patient at each visit.
This case illustrates that early intervention in a patient with Sturge-Weber syndrome is quintessential because of its associated gingival vascular features and their complicating manifestations. Furthermore, the need for periodic oral examinations and maintenance of good oral hygiene to prevent any complications from the oral vascular lesions has been highlighted.
Malnutrition is one of the most frequent disorders among cancer patients. It is seen in 50-90% of cancer patients. This high prevalence of malnutrition is very concerning as it is associated with ...reduced effective treatment, functional status, quality of life and survival. The aim of the study was to find out the prevalence of malnutrition among cancer patients in a tertiary care centre.
A descriptive cross-sectional study was conducted among 95 cancer patients in the Department of Clinical Oncology of a tertiary care centre from 25 January 2022 to 25 July 2022. Ethical approval was obtained from the Institutional Review Committee (Reference number: 1192/2078/79). Convenience sampling was done. Patients were screened using Patient-Generated Subjective Global Assessment for malnutrition. Point estimate and 95% Confidence Interval were calculated.
Among 95 cancer patients, 22 (23.15%) (15.10-32.90, 95% Confidence Interval) were malnourished.
The prevalence of malnutrition was found to be lower than in other studies done in similar settings. Nutritional assessment and support should be an integral part of care for gastrointestinal cancer.
malnourishment; nutritional deficiency; screening.
This article describes and explains the shift in the database industry's treatment of downloading. Downloading began as an unwanted by-product of new technology and became a product feature. The ...authors explain this shift in terms of shifts in "use-regimes," or changes to market practices, legal rules, user expectations, and technology-based tools that shape the use of intellectual and cultural property. In the early 1980s, citation database users did not have the right to "download," or save, citations from bibliographic databases, but by the early 1990s, citation database publishers had partnered with bibliographic citation software developers (e.g., ProCite) to make easy downloading of citations a product feature. In this article, the authors tell both the lost story of the pre-Internet downloading controversy and how and why the meaning of downloading changed over a twenty-year period. In doing so, they present a theoretical framework that is useful for analyzing changes in use rights for a variety of types of intellectual and cultural goods. Finally, the authors compare lessons from this historical case study to contemporary use right debates in the intellectual and cultural property literature.
Courts engage in interstatutory cross-referencing all the time, relying on one statute to help interpret another. Yet, neither courts nor scholars have ever had a satisfactory theory for determining ...when it is appropriate. Is it okay to rely on any other statute as an interpretive aid? Or, are there limits to the practice? If so, what are they? To assess when interstatutory cross-referencing is appropriate, I focus on one common form of the technique, the in pari materia doctrine. When a court concludes that two statutes are in pari materia or (translating the Latin) "on the same subject," the court then treats the two statutes as though they were one. The doctrine thus permits judges to use ordinary doctrines of intra-statute interpretation across the two statutes. Determining that two statutes are "on the same subject" thus gives interpreters a powerful tool of interstatutory interpretation. How, then, should courts determine whether to treat two statutes as one? If we frame the question through the lens of the two currently predominant theories of statutory interpretation-textualism and intentionalism-we can see that the traditional approach of asking about the statutes' "subject matter" in the abstract makes little sense. For textualist judges who care about objective meaning, it makes more sense to engage in interstatutory cross-referencing if and only if the audience for the two statutes-the appropriately informed objective reader of the statutes-is the same. For interpreters who care about subjective legislative intent, interstatutory cross-referencing would generally be appropriate if and only if the two statutes were drafted by and came through the same Congressional committees. Even if one rejects my proposed approaches, thinking about how to fit interstatutory cross-referencing into modern theories of statutory interpretation raises some confounding issues for those theories. In particular, it requires textualists to articulate explicitly who the audience for any given statute is, for without doing so, the textualist has no theoretical basis for determining when interstatutory cross-referencing is appropriate and when it is not. Thus, irrespective of the specifics of my proposals, looking at the ancient doctrine of in pari materia through the lens of modern theories of statutory interpretation sheds light on important questions about statutory interpretation that courts and theorists have largely ignored.
The measurement of the production of charm jets, identified by the presence of a D$^{0}$ meson in the jet constituents, is presented in proton–proton collisions at centre-of-mass energies of $ ...\sqrt{s} $ = 5.02 and 13 TeV with the ALICE detector at the CERN LHC. The D$^{0}$ mesons were reconstructed from their hadronic decay D$^{0}$ → K$^{−}$π$^{+}$ and the respective charge conjugate. Jets were reconstructed from D$^{0}$-meson candidates and charged particles using the anti-k$_{T}$ algorithm, in the jet transverse momentum range 5 < p$_{T,chjet}$< 50 GeV/c, pseudorapidity |η$_{jet}$| < 0.9 − R, and with the jet resolution parameters R = 0.2, 0.4, 0.6. The distribution of the jet momentum fraction carried by a D$^{0}$ meson along the jet axis $ \left({z}_{\Big\Vert}^{\textrm{ch}}\right) $ was measured in the range 0.4 <$ {z}_{\Big\Vert}^{\textrm{ch}} $< 1.0 in four ranges of the jet transverse momentum. Comparisons of results for different collision energies and jet resolution parameters are also presented. The measurements are compared to predictions from Monte Carlo event generators based on leading-order and next-to-leading-order perturbative quantum chromodynamics calculations. A generally good description of the main features of the data is obtained in spite of a few discrepancies at low p$_{T,chjet}$. Measurements were also done for R = 0.3 at $ \sqrt{s} $ = 5.02 and are shown along with their comparisons to theoretical predictions in an appendix to this paper.graphic not available: see fulltext
The first measurement of the production of pions, kaons, (anti-)protons and ϕ mesons at midrapidity in Xe–Xe collisions at $\sqrt{s_{NN}}$ = 5.44 TeV is presented. Transverse momentum ...(pT) spectra and pT-integrated yields are extracted in several centrality intervals bridging from p–Pb to mid-central Pb–Pb collisions in terms of final-state multiplicity. The study of Xe–Xe and Pb–Pb collisions allows systems at similar charged-particle multiplicities but with different initial geometrical eccentricities to be investigated. A detailed comparison of the spectral shapes in the two systems reveals an opposite behaviour for radial and elliptic flow. In particular, this study shows that the radial flow does not depend on the colliding system when compared at similar charged-particle multiplicity. In terms of hadron chemistry, the previously observed smooth evolution of particle ratios with multiplicity from small to large collision systems is also found to hold in Xe–Xe. In addition, our results confirm that two remarkable features of particle production at LHC energies are also valid in the collision of medium-sized nuclei: the lower proton-to-pion ratio with respect to the thermal model expectations and the increase of the ϕ-to-pion ratio with increasing final-state multiplicity.
In their 2008 book
Nudge: Improving Decisions about Health, Wealth, and Happiness
, Richard Thaler and Cass Sunstein use research from psychology and behavioral economics to argue that people suffer ...from systematic cognitive biases. They propose that policy makers mitigate these biases by framing people's choices in ways that help people act in their own self‐interest. Thaler and Sunstein call this approach “libertarian paternalism,” and they market it as “the Real Third Way.” In this essay, I argue that the book is a brilliant contribution to thinking about policy making but that “choice architecture” is not just a solution to the problem of cognitive biases. Rather, it is a means of approaching any kind of policy making. I further argue that policy makers must take externalities into account, even when using choice architecture. Finally, I argue that libertarian paternalism can best be seen as motivated by what Sunstein has celebrated in his work on constitutional theory: a humility about the possibility of policy‐maker error embodied in Learned Hand's famous aphorism about the “spirit of liberty” and an attempt to reduce social conflicts by searching for what John Rawls called an “overlapping consensus.”
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