Special Exception Research Articles

Selected International Aspects of Carbon Taxation

Disparate commitments to reduce GHG emissions create demands for border carbon adjustments (BCAs) to prevent negative competitive effects and carbon leakage. BCAs that accomplish economic objectives and are administratively feasible, WTO-legal, and politically acceptable may be impossible. BCAs should be limited to a few basic energy-intensive and trade-exposed products and should be based on the lower of the carbon content of production in the importing country and actual carbon content, or perhaps “best available technology.” Whether the World Trade Organization (WTO) would condone BCAs is unclear. BCAs violating basic trade rules might qualify for a special exception.

The Problems and Improvement Devices of the Special Exception to Relatives

The Problems and Improvement Devices of the Special Exception to Relatives

A Study on Improvement of Special Exception to Relatives in Criminal Law

A Study on Improvement of Special Exception to Relatives in Criminal Law

The Irrationality and Alternative of Applicable Exclusion of Special Exception to Relatives with respect to Crimes of Destruction and Damage of Property

The Irrationality and Alternative of Applicable Exclusion of Special Exception to Relatives with respect to Crimes of Destruction and Damage of Property

Validity of Applying Special Exception to Relatives with respect to ‘Extortion Armed with a Deadly Weapon’

Validity of Applying Special Exception to Relatives with respect to ‘Extortion Armed with a Deadly Weapon’

Solving cubics by polynomial fitting

A top-performance algorithm for solving cubic equations is introduced. This algorithm uses polynomial fitting for a decomposition of the given cubic into a product of a quadratic and a linear factor. This factorization can be computed extremely accurately and efficiently using a fixed-point iteration of the linearized fitting error. The polynomial fitting concept performs orders of magnitude better in terms of numerical accuracy and precision than any of the currently known and available algorithms for solving cubic equations. A special exception handler is presented for a reliable operation in the event of double, triple and tightly clustered roots.

Poisoned Breast Milk: Using the 'Special Needs' Exception to Protect the Smallest of Special Deliveries.

Poisoned Breast Milk: Using the 'Special Needs' Exception to Protect the Smallest of Special Deliveries.

Patents and Pharmaceutical R&D: Consolidating Private-Public Partnership Approach to Global Public Health Crises

Intellectual property (IP) is a reward and incentive market-driven mechanism for fostering innovation and creativity. The underlying, but disputed, assumption to this logic is that without IP, the wheel of innovation and inventiveness may grind to a halt or spin at a lower and unhelpful pace. This conventional justification of IP enjoys, perhaps, greater empirical credibility with the patent regime than with other regimes. Despite the inconclusive role of patents as a stimulant for research and development (R&D), special exception is given to patent's positive impact on innovation and inventiveness in the pharmaceutical sector. This article focuses on that sector and links the palpable disconnect between the current pharmaceutical R&D agenda and global public health crises, especially access to drugs for needy populations, to a flaw in the reward and incentive theory of the patent system. It proposes a creative access model to the benefits of pharmaceutical research by pointing in the direction of a global treaty to empower and institutionalize private–public partnerships in health care provisions. Such a regime would restore balance in the global IP system that presently undermines the public-regarding considerations in IP jurisprudence.

A Case for the Safety and Sustainability of Class B Biosolids Land Application – Results of Microconstituent and Pathogen Research in Gainesville, FL

A Case for the Safety and Sustainability of Class B Biosolids Land Application – Results of Microconstituent and Pathogen Research in Gainesville, FL

The Myth of Rahnerian Exceptionalism

Stephen Bullivant Christ Church, Oxford ________________ The theory of anonymous Christians is, almost undoubtedly, the best-known aspect of Rahner’s thought. Certainly, there are many people who have only a slight knowledge of, or interest in, modern theology, who are nonetheless familiar with this Stichwort. As they generally understand it, however – to the extent that they understand it at all – it is Rahner who, alone among his profession, permits salvation to those outside the Church. In theology textbooks and introductions, on the other hand, Rahner is frequently depicted as ‘the typical inclusivist’, bravely navigating the treacherous straits between ‘exclusivism’ and ‘pluralism’ – albeit in a sinking vessel, under fire from almost every other Catholic theologian of his generation. And indeed, they seem to have a point: the list of anonymous Christianity’s detractors reads like a ‘Who’s Who’ of postconciliar theology, and includes Congar, de Lubac, Schillebeeckx, Balthasar, Kasper, Kung and Ratzinger. Taken together, these tendencies have created what may be termed (somewhat exaggeratedly, I admit) a myth of Rahnerian exceptionalism. This myth (if that is what it is) may, of course, be tempered on a number of fronts. The ‘pluralist-inclusivist-exclusivist’ typology itself, and Rahner’s neatly fitting into any one category, is open to question. In addition, all the abovecited theologians (with the special exception of Kung) would agree with Rahner on certain essential points, most notably, that while the Catholic Church is absolutely necessary for salvation, those who are not formally members of it are not necessarily excluded

"Intelligence" Searches and Purpose: A Significant Mismatch Between Constitutional Criminal Procedure and the Law of Intelligence-Gathering

This article challenges the notion that searches primarily designed to obtain evidence for criminal prosecution are constitutional as long as foreign intelligence is a significant purpose of the government action. The Foreign Intelligence Surveillance Act was amended in 2001 as part of the USA-PATRIOT Act to permit electronic surveillance and physical searches under the more permissive standards than generally allowed under the Fourth Amendment. The article concludes that where the fourth amendment is applicable (it is not applicable to searches unconnected to United States persons or territory), searches primarily undertaken to obtain evidence for criminal prosecution must satisfy the traditional criminal investigative requirements, generally probable cause and a warrant. Any lesser standard would require application of the Special Needs exception. Application of the totality of the circumstances test applicable to that exception indicates that there is no justification to apply the exception. The relevant factors, including the secretive nature of FISA investigations, the limited judicial oversight of FISA orders, the expansion of terrorism-related crimes, the highly intrusive nature of FISA searches, and the minimal hardship to the government, all support the conclusion that the foreign intelligence search of FISA need to be carefully limited in order to serve national security needs and to protect the rights of the public.

Wyman v. James Revisited: Judicial Oversight, Constitutional Rights, and Social Services Investigations

This article is focused upon administrative searches and seizures undertaken by social services agencies with respect to child welfare complaints. In addition to articulating the past and current state of the law, the article proposes changes to bring about a greater consistency among the federal and state courts in the United States. The U.S. Supreme Court, in Wyman v. James, 400 U.S. 309 (1971), for the first time considered the issue of the applicability of the Constitution to social services investigations, though it has continued to explore the constitutional implications of the administrative search or seizure. The Court has not sought to address the issue since that time. Nevertheless, in the intervening thirty-six years, a large number of federal and a handful of state courts have reviewed the constitutionality of social services investigations and, in the process, have tackled the issue of the continued viability of Wyman: whether social workers are state actors for the purpose of the applicability of the Fourth Amendment, whether child welfare investigations constitute a search or seizure, whether a warrant and probable cause is required to conduct a search and whether a social worker special need exception exists to Fourth and Fourteenth Amendment scrutiny. Given the on-going occurrence of the social services home investigation since Wyman, the need for an articulation of the current state of the law is great. Part One of this article attempts to provide such an articulation, giving an overview of both Fourth and Fourteenth Amendment protections as they apply to all governmental searches. Part Two undertakes a review of the Pre-Wyman case law regarding administrative searches, as well as Wyman itself, reviewing finally the post-Wyman case law from both the federal and state courts regarding administrative social services investigations and the applicability of the Fourth and Fourteenth amendments. Part Three of this article reconsiders Wyman in light of the most recent judicial developments and asks the question as to whether the requirement of a warrant and probable cause is appropriate for social services child welfare investigations or whether the Supreme Court's totality of the circumstances rationality test or its Special Needs doctrine may justify the creation of a social worker exception to the general warrant and probable cause requirements incumbent upon most searches and seizures.

Recycling of cosmogenic nuclides after their removal from the atmosphere; special case of appreciable transport of 10Be to polar regions by aeolian dust

In this paper we discuss the general problem of recirculation of atmospheric cosmogenic isotopes after their initial removal from the atmosphere. Practically all nuclides are recycled after their removal from the atmosphere. The noble gas radio-nuclides re-circulate between the atmosphere and the hydrosphere; the fraction of time spent in these reservoirs depends on their solubility and half-lives. Radiocarbon atoms spend most of their life-time in the oceans before being removed to the sediments. All cosmogenic nuclides which are removed from the atmosphere by wet precipitations spend most of their life-time in the hydrosphere or in sediments. A special exception arises in the case of nuclides such as 10Be and 26Al, which are particle-active and adhere to aerosols and top soils in the lithosphere. Strong winds dislodge surface particles and transport the smaller particles to great distances. We discuss the special case of the transport of particle reactive 10Be via aeolian dust, which can result in appreciable 10Be fluxes in polar regions in cold climates, vis-à-vis its direct deposition from the atmosphere. We compare estimated concentrations of dust transported 10Be with the measured total 10Be concentrations in Antarctica in the Vostok and Taylor Dome ice cores, and atmospheric 10Be concentrations in Greenland in the GISP and GRIP ice cores. During certain epochs, high aeolian dust concentrations contribute significantly to 10Be fluxes in Greenland, comparable to or greater than atmospheric 10Be fluxes. In the Antarctica, however, even during epochs of high dust fluxes, the aeolian 10Be contributions are < 10% of the atmospheric 10Be fluxes. These results imply that great care should be taken in analyzing 10Be concentrations in Greenland especially!

Blowing the Lid Off: Expanding the Due Process Clause to Defend the Defenseless Against Hurricane Katrina

This paper advocates an expanded reading of the Due Process Clause of the Fourteenth Amendment to include affirmative obligations to act. Specifically, this paper considers the government's failure to act during the threat of Hurricane Katrina a valid cause of action under a Section 1983 Civil Rights suit. State officials, local officials, and local government must be held accountable for their monumental failures during the storm. The government's mistreatment of its most vulnerable citizens-the poor, the elderly, and the sick-may constitute a due process violation under one of the exceptions to the no-duty rule generally imposed on the Due Process Clause of the Fourteenth Amendment. A "more perfect Union" must act on its duties- both negative and affirmative-to protect the powerless against harm. Part II of this paper will provide a brief introduction to Section 1983 litigation, examining possible defendants and the type of relief available. Part III will discuss Fourteenth Amendment violations supported by two exceptions to the no-duty rule under DeShaney: the state- created danger rule and the special relationship exception. This part of the paper will also examine the government's failures leading up to the Katrina debacle in light of the two exceptions, arguing that either could be used to make the state and local officials liable under a due process claim. Finally, this paper will conclude with a look ahead at government's response to the constant threat of hurricanes and whether anything has been learned from the events surrounding Hurricane Katrina.

Response to azacitidine (AZA) in patients with secondary myelodysplastic syndrome

6578 Background: Myelodysplastic syndrome (MDS) is characterized by maturation defects in hematopoietic progenitor cells that result in ineffective hematopoiesis, various cytopenias and risk of progression to acute myeloid leukemia. MDS can arise de novo or secondary to exposure to myelotoxic drugs or ionizing radiation. Secondary MDS (t-MDS) tends to have more aggressive behavior than de novo MDS. Azacitidine (AZA), a DNA methyl transferase inhibitor has activity in MDS. To date there is little data in patients with t-MDS Methods: The records of 21 patients with t-MDS treated with AZA between 05/96 and 01/06 were reviewed to determine response, duration of response and tolerability in these high-risk patients. 15 of the 21 patients received AZA as part of a National Cancer Institute special exception program (75mg/m2 subcutaneously for seven days every four weeks). Patients who received at least 2 cycles were considered evaluable for response (N=16). All patients were evaluated for toxicity. The International working group standardized response criteria for MDS were used for evaluation. Results: Patients had a median age of 68 years; male: female ratio was 3:1. 11 patients had refractory anemia, 6 had refractory anemia with excess blasts, 3 had chronic myelomonocytic leukemia, 1 had refractory anemia with ringed sideroblasts. Response was seen in 8 (50%) of 16 patients, with 2 (12.5%) partial remissions, 6 (37.5%) showed major hematological response. The median duration of response was 12.3 months (range 4–38). Stable disease was seen in 5 patients (31%), with an average duration of 6.5 months (range 2–15). 3 patients failed therapy due to disease progression or death. Treatment was well tolerated in general, with the most side effects being nausea, vomiting, diarrhea and cytopenias. Febrile neutropenia was seen in 5 patients. Conclusions: Azacitidine appears to be effective and well tolerated in patients with t-MDS. [Table: see text]

Selective Estrogen Receptor Modulators and Prevention of Invasive Breast Cancer

THIS YEAR, MORE THAN 200 000 WOMEN IN THE UNITED States will be diagnosed as having invasive breast cancer. The past 20 years of research translating an understanding of basic biology into therapeutics has led to major improvements in the survival and quality of life of patients who carry a diagnosis of breast cancer. Parallel strategies to prevent breast cancer have also been studied. These include lifestyle modification (eg, diet, alcohol intake, optimizing weight, exposure to exogenous estrogens), ablative surgery (prophylactic mastectomy, oophorectomy, or both), and more recently, chemoprevention with selective estrogen receptor modulators (SERMs) such as tamoxifen. More than 30 years ago, tamoxifen entered clinical trials and demonstrated significant antitumor activity in patients with advanced breast cancer. Understanding of what characterized the type of patient and the types of tumors that would benefit from tamoxifen was refined with an understanding of estrogen receptor biology and an ability to measure estrogen receptor status. Animal experiments with tamoxifen forecasted improved outcomes in patients with operable, early stage breast cancer and reduced probability of developing a second breast cancer. Although there was compelling evidence that tamoxifen could reduce the risk of recurrence and improve survival in patients with early stage breast cancer, particularly with longer duration of therapy, serious concerns were raised regarding the toxicity of long-term therapy. These concerns focused on the development of liver tumors in rats and an increased incidence of endometrial cancer in women receiving tamoxifen. After prolonged deliberation regarding subjecting healthy women to such risks and after scrutiny of all available data, the first prevention trials with tamoxifen were launched in the United States and Europe about 15 years ago. One of these trials, conducted by the National Surgical Adjuvant Breast and Bowel Project (NSABP), found that compared with placebo, tamoxifen reduced the relative risk of invasive and noninvasive breast cancer by about 50%. The beneficial effect of tamoxifen was most striking in reducing the relative risk of estrogen receptor–positive breast cancer (69%), as well as the relative risk of invasive breast cancer among women with a history of atypical hyperplasia (86%) and lobular carcinoma in situ (56%). Competing with the apparent benefits of tamoxifen in this population of otherwise healthy women was an increased relative risk (RR) of endometrial cancer (RR, 2.53), thromboembolic disease (RR, 3.01), deep vein thrombosis (RR, 1.60), and stroke (RR, 1.59). The major toxicities were considered potentially to offset the prevention benefit of tamoxifen, particularly in older patients. Despite differences in trial size, methods, and eligibility of participants in other tamoxifen prevention studies, a meta-analysis of these trials demonstrated that tamoxifen reduced the relative risk of breast cancer incidence by approximately 40%. Yet, despite a clear indication and US Food and Drug Administration approval for use of tamoxifen to prevent breast cancer, relatively few eligible women receive tamoxifen as a preventive strategy today. Reasons for this are multifactorial but include the view of some physicians regarding competing risks and benefits, potential tamoxifen recipients not understanding the data from tamoxifen prevention trials, underestimation of the risk of developing breast cancer, and overestimation of the risks associated with tamoxifen. Patients’ underestimation of the personal risk for disease and overestimation of the prospects for good health are common in other conditions. Media attention to breast cancer may make it a special exception, but the breast cancer exception may apply selectively to younger women, who tend to exaggerate their risk of getting breast cancer. Older women are far more likely than their younger counterparts to be candidates for SERM chemoprevention but may not view their personal risk of breast cancer with sufficient worry to justify a commitment to long-term daily medicine that carries its own competing risks and adverse effects. The latter concern is amplified because the physicians in a position to prescribe tamoxifen for prevention purposes are frequently nononcologists with little familiarity with the drug.

Experience with ERCP in Liver Transplanted Children

ERCP in children and infants after liver transplantation is still a special and unusual exception and limited to a few cases. We report on our experience in ERCP in a series of 19 children with complications after liver transplantation. From 1999 to 2004 19 children were referred to our endoscopic unit for ERCP procedure. All examinations were performed under general anesthesia using standard video-duodenoscopes (Olympus JF 160) or a special pediatric video-duodenoscope (7.5 mm outer diameter, Olympus PJF 160). 53 ERCP in 19 children were performed, in 3 cases the procedure has to change to a percutaneous access, in 1 case the papilla was not accessible because of post-surgical bowel distortions. The age ranged from 0.9 to 16 years, median 5.6 years, median age at transplantaion was 4 years. Indication for ERCP was cholangitis or cholestasis. The procedures lasted 7 to 150 minutes, median 90 min. In 6 cases the procedure was only diagnostic, no endoscopic intervention was indicated. In 45 procedures an intervention was intended but failed in 6 because dilatation of anastomotic stenoses was impossible. In the remaining cases/procedures interventions were: sphincterotomy n = 7, pre-cut sphincterotomy n = 8, dilatation n = 31, rinsing n = 6, naso-biliary sondes n = 2, stenting n = 4, cholangioscopy n = 2. Complications were: bleeding after sphincterotomy n = 1 (treated by injection therapy), mild pancreatitis n = 1 (managed conservatively) and biliary leakage caused by a guide-wire (treated by short-time insertion of a naso-biliary sonde). Diagnostic and therapeutic ERCP is an important procedure in managing complications after liver transplantation in children. It should be ensured that ERCPs are carried out only by expert endoscopists, in which case it is a low risk diagnostic and therapeutic procedure.

A Retrospective Review of Outcomes of Patients with Chronic Myelomoncytic Leukemia Treated with 5-Azacitidine.

The chemotherapeutic agent 5-azacytidine (5-AZA) is an active agent in the treatment of myelodysplastic syndrome (MDS). Phase III data with 5-AZA for MDS of all types suggest a response rate (CR+PR) of 23% and hematologic improvement rate of 37% (Silverman, et al, 2002, JCO , 20:2429). We reviewed the outcomes of patients with the MDS subtype chronic myelomonocytic leukemia (CMML) in order to better characterize outcomes for patients with this specific subtype.Methods: Retrospective analysis of outcomes in 13 patients (median age 67; range 50–82) with CMML, who were drawn from a group of 165 consecutive patients treated with 5-AZA between 1991 and 2004 at UCSF on an NCI Special Exception Program, was performed. All patients signed informed consent to participate in the Expanded Access Protocol and IRB approval at UCSF was obtained to retrospectively review this data. IPSS of patients were 2 LOW, 7 INT-1, 3 INT-2, and 1 HIGH. 11 patients had CMML-1 and 2 patients had CMML-2. Responses were determined using the MDS International Working Group (Cheson et al., 2000 Blood 96:3671) criteria.Results: Three patients (23%) had CR and 6 patients (46%) had HI at 4 months. 9/13 patients had a response at 4 months for an overall response rate of 69% (95% CI 38.6% to 90.0%). Cytogenetic responses were seen in 1 out of 4 evaluable patients. The median AML free survival was 11 months. The median overall survival was 14 months. [Display omitted] Conclusions: For patients with CMML, 5-AZA provides an effective treatment option with significant improvements in peripheral blood counts, marrow blasts, and transfusion requirements. The overall response rate of 69% correlates well with larger studies in MDS.

Novel mechanism for the Nafion membrane transfer of anthraquinones

The observed special behavior of anthraquinone and its derivatives in a Nafion membrane system is reported here. It is observed that anthraquinone (AQ) in aqueous suspension can diffuse through a Nafion membrane if there is a strongly reducing species on the acceptor side of the membrane. In order to explore this phenomenon, the authors use hydroquinone and soluble derivatives of AQ as models. It is shown that the reduction to the hydroquinone form increases the separation coefficient of the species above that expected by its molecular weight. Therefore, AQ must be a special exception as it can only diffuse through the membrane if it is first reduced to the corresponding anthrahydroquinone (AHQ) form. It is shown that a very high surface concentration of AHQ is responsible for the measurable permeation of the membrane by AQ species. The enhancement of membrane transfer by addition of dissolved wood lignin is also explored.

Biliary Atresia: The Importance of ERCP in Children in the Age Under 3 Months, Updated

Introduction: The indication for ERCP in infants is still a special and unusual exception and limited to a very few cases. In 2002 we reported our first experience with 18 infants up to 3 months who were presented for suspected biliary atresia because of prolonged neonatal icterus. Because of our positive results for this diagnostic procedure, ERCP became the procedure of choice for this indication. Methods: From May 2001 to November 2004 a total of 74 children under the age of 3 months were presented for ERCP.