Temporary Reprieve Research Articles

Ganga, GAP, and lockdown: potential threats to the biodiversity of the river

ABSTRACT The Ganges River holds a vital status within India as a cornerstone of the nation's ecological and socio-economic fabric. Flowing through diverse terrains like the Himalayas, Gangetic plains, and coastal regions, it fosters an incredibly rich biodiversity, supporting a myriad of life forms ranging from microorganisms to mammals. Beyond its ecological significance, the river sustains the livelihoods of millions, contributing significantly to the economy of northern India. However, rampant human development over recent decades has posed grave threats to its well-being. Pollution from sewage and industrial waste has tainted its waters with heavy metals, posing risks of bioaccumulation and magnification within aquatic life. Infrastructure projects like dams and bridges disrupt natural habitats and impede the migration of aquatic species, further jeopardising the river's ecological balance. Despite these challenges, there have been glimmers of hope, particularly noted during the COVID-19 lockdown when industrial activities ceased, offering the river a temporary reprieve. Moving forward, effective measures are imperative, including reducing industrial and domestic effluent discharge, scrutinising sources of heavy metal contamination, and prioritising the restoration of the river's natural flow. Preserving the Ganges’ ecological integrity is paramount, necessitating concerted efforts to ensure its health and vitality for future generations.

Public Response to Federal Electronic Cigarette Regulations Analyzed Using Social Media Data Through Natural Language Processing: Topic Modeling Study.

e-Cigarette (electronic cigarette) use has been a public health issue in the United States. On June 23, 2022, the US Food and Drug Administration (FDA) issued marketing denial orders (MDOs) to Juul Labs Inc for all their products currently marketed in the United States. However, one day later, on June 24, 2022, a federal appeals court granted a temporary reprieve to Juul Labs that allowed it to keep its e-cigarettes on the market. As the conversation around Juul continues to evolve, it is crucial to gain insights into the sentiments and opinions expressed by individuals on social media. This study aims to conduct a comprehensive analysis of tweets before and after the ban on Juul, aiming to shed light on public perceptions and sentiments surrounding this contentious topic and to better understand the life cycle of public health-related policy on social media. Natural language processing (NLP) techniques were used, including state-of-the-art BERTopic topic modeling and sentiment analysis. A total of 6023 tweets and 22,288 replies or retweets were collected from Twitter (rebranded as X in 2023) between June 2022 and October 2022. The encoded topics were used in time-trend analysis to depict the boom-and-bust cycle. Content analyses of retweets were also performed to better understand public perceptions and sentiments about this contentious topic. The attention surrounding the FDA's ban on Juul lasted no longer than a week on Twitter. Not only the news (ie, tweets with a YouTube link that directs to the news site) related to the announcement itself, but the surrounding discussions (eg, potential consequences of this ban or block and concerns toward kids or youth health) diminished shortly after June 23, 2022, the date when the ban was officially announced. Although a short rebound was observed on July 4, 2022, which was contributed by the suspension on the following day, discussions dried out in 2 days. Out of the top 50 most retweeted tweets, we observed that, except for neutral (23/45, 51%) sentiment that broadcasted the announcement, posters responded more negatively (19/45, 42%) to the FDA's ban. We observed a short life cycle for this news announcement, with a preponderance of negative sentiment toward the FDA's ban on Juul. Policy makers could use tactics such as issuing ongoing updates and reminders about the ban, highlighting its impact on public health, and actively engaging with influential social media users who can help maintain the conversation.

Sound Cage

Throughout the 20th century, the prison radio and the prison PA system differed in the auditory experiences they brought to imprisoned listeners, but each technology was scrutinized by penal staffs for its potential to meet institutional goals. One common assertion—often recirculated within popular media depicting the prison—was that sound leisure could offer prisoners a temporary reprieve from their incarceration. This commentary sifts through the repressive and regulatory uses of sound technologies in the prison to search for this promise of a freedom that is more than metaphorical.

The impact of the COVID-19 lockdowns on wildlife-vehicle collisions in the UK.

Wildlife-vehicle collisions (WVCs) cause millions of vertebrate mortalities globally, threatening population viability and influencing wildlife behaviour and survival. Traffic volume and speed can influence wildlife mortality on roads, but roadkill risk is species specific and depends on ecological traits. The COVID-19 pandemic, and associated UK-wide lockdowns, offered a unique opportunity to investigate how reducing traffic volume alters WVC. These periods of reduced human mobility have been coined the 'anthropause'. We used the anthropause to identify which ecological traits may render species vulnerable to WVC. We did this by comparing the relative change in WVC of species with differing traits before and during the anthropause. We used Generalised Additive Model predictions to assess which of the 19 species most frequently observed as WVC in the UK exhibited changes in road mortality during two lockdown periods, March-May 2020 and December 2020-March 2021, relative to the same time periods in previous years (2014-2019). Compositional data analysis was used to identify ecological traits associated with changes in the relative number of observations during lockdown periods compared to previous years. WVC were, across all species, 80% lower during the anthropause than predicted. Compositional data analysis revealed proportionally fewer reports of nocturnal mammals, urban visitors, mammals with greater brain mass and birds with a longer flight initiation distance. Species that have several of these traits, and correspondingly significantly lower than predicted WVC during lockdowns, included badgers Meles meles, foxes Vulpes vulpes, and pheasants, Phasianus colchicus; we posit they stand to benefit most from reduced traffic, and, of the species studied here, have highest mortality under 'normal' traffic levels. This study identifies traits and species that may have experienced a temporary reprieve during the anthropause, and highlights the impacts of traffic-induced mortality on species numbers and ultimately on trait frequency in a road-dominated landscape. By taking advantage of reductions in traffic offered by the anthropause, we can understand how vehicles influence wildlife survival and behaviour and may be exerting a selective force for certain species and traits.

TMIC-68. EVALUATING FLASH AND CONVENTIONAL DOSE-RATE RADIATION AND IMMUNE RESPONSE WITH SINGLE-CELL SEQUENCING IN DIFFUSE MIDLINE GLIOMA (DMG)

Abstract Diffuse Midline Glioma – H3K27M mutant (DMG), is a fatal and inoperable pediatric brain tumor with limited treatment options as radiation provides only temporary reprieve, leaving the median survival between 9-15 months. Conventional dose-rate radiation (2Gray/minute, CONV) has been shown in other cancers to recruit an immune component, however, this has not been studied in DMG. Ultra-high dose-rate radiation given at 90 Gray/second (FLASH), is a novel technique associated with decreased toxicity and effective tumor control. Using a syngeneic model of brainstem DMG, we performed single-cell RNA sequencing on CD45+ immune cells isolated from tumors irradiated with 15Gray using FLASH or CONV, and compared to unirradiated tumor and normal brainstem. Isolation of 33,308 immune cells revealed 17 unique clusters, most abundant of which was microglia (73.8%), present in four distinct subtypes representing a spectrum from homeostatic to activated. In the most activated microglia, both FLASH and CONV showed an enrichment in type 1 interferon (IFN1) pathway scores compared to untreated tumors (p< 0.001 and p< 0.001, respectively). The most differential response was found in macrophages (MAC) and dendritic cells (DC) with a robust enrichment of IFN1 pathway scores for CONV compared to FLASH (p< 0.001, MAC and p< 0.001 DC). FLASH showed an increase in anti-inflammatory MAC markers such as Mrc1, Cd163, and Maf and an enrichment of myeloid-derived suppressor cell (MDSC) signature in monocytes, not seen in CONV (p< 0.001). Finally, we correlated our data with publicly available single-cell data taken from the cerebrospinal fluid of DMG patients treated with anti-GD2 CAR T Cell therapy and found similar inflammatory markers characteristic of our unirradiated murine tumors. In summary, our work is the first to study immune alterations comparing different dose-rates of radiation with single-cell resolution in DMG, highlighting the potential for combining radiation and immunotherapy in these tumors.

Play Time: Gender, Anti-Semitism and Temporality in Medieval Biblical Drama

Play Time: Gender, Anti-Semitism and Temporality in Medieval Biblical Drama

Ocean Biogeochemical Signatures of the North Pacific Blob

AbstractThe Blob was the early manifestation of the Northeast Pacific marine heat wave from 2013 to 2016. While the upper ocean temperature in the Blob has been well described, the impacts on marine biogeochemistry have not been fully studied. Here, we characterize and develop understanding of Eastern North Pacific upper ocean biogeochemical properties during the Winter of 2013–2014 using in situ observations, an observation‐based product, and reconstructions from a collection of ocean models. We find that the Blob is associated with significant upper ocean biogeochemical anomalies: A 5% increase in aragonite saturation state (temporary reprieve of ocean acidification) and a 3% decrease in oxygen concentration (enhanced deoxygenation). Anomalous advection and mixing drive the aragonite saturation anomaly, while anomalous heating and air‐sea gas exchange drive the oxygen anomaly. Marine heatwaves do not necessarily serve as an analog for future change as they may enhance or mitigate long‐term trends.

BACH2 inhibition reverses β cell failure in type 2 diabetes models.

Type 2 diabetes (T2D) is associated with defective insulin secretion and reduced β cell mass. Available treatments provide a temporary reprieve, but secondary failure rates are high, making insulin supplementation necessary. Reversibility of β cell failure is a key translational question. Here, we reverse engineered and interrogated pancreatic islet-specific regulatory networks to discover T2D-specific subpopulations characterized by metabolic inflexibility and endocrine progenitor/stem cell features. Single-cell gain- and loss-of-function and glucose-induced Ca2+ flux analyses of top candidate master regulatory (MR) proteins in islet cells validated transcription factor BACH2 and associated epigenetic effectors as key drivers of T2D cell states. BACH2 knockout in T2D islets reversed cellular features of the disease, restoring a nondiabetic phenotype. BACH2-immunoreactive islet cells increased approximately 4-fold in diabetic patients, confirming the algorithmic prediction of clinically relevant subpopulations. Treatment with a BACH inhibitor lowered glycemia and increased plasma insulin levels in diabetic mice, and restored insulin secretion in diabetic mice and human islets. The findings suggest that T2D-specific populations of failing β cells can be reversed and indicate pathways for pharmacological intervention, including via BACH2 inhibition.

‘Just right’ urbanism? Beyond communitarian ideals in Stockholm’s compact neighbourhoods

ABSTRACT This article investigates the widely implemented compact neighbourhood type and aims to stimulate fresh thinking in Anglo-American urban enquiry by building on the work of Massey and others to illuminate relational complexities between sociality and space. The authors present findings from research in Stockholm, which reveal spatial porosity and novel social meanings existing between polarised notions of connectedness and separateness. Such insights may be overlooked without adequate recognition of agency in relational investigations. Thus, renewed emphasis on agential capacity in both people and built form would benefit planning efforts. The neighbourhoods investigated foster patterns of “just right” (lagom) urbanity in which individuals find temporary reprieve and sociospatial mediation amidst wider metropolitan challenges. Future research could determine if neighbourhoods situated elsewhere foster similar interrelations, and – if so – what impacts on human well-being result. The authors urge theorists to undertake more-than-relational research in other contexts and with other neighbourhood types.

Migrant or Gauntlet Survivor: Novels Tackle the Plight of the Undocumented and Push the Boundaries of Policy Analysis About Migration and Immigration Reform in a Beneficial Direction

Policy analysis on a wide variety of issues can benefit from integrating novels that bring issues to life. In this essay migration and immigration reform are examined as somewhat interrelated, but not necessarily interrelated issues. The traditional assumption about immigration reform is that by addressing a path to citizenship for illegal/undocumented immigrants within the United States, or providing a temporary reprieve from deportation, or modifying asylum standards, all aimed at benefitting migrants already in the United States, it will lead to a reduction in migrants at the U.S.-Mexico border—it will not: Migration is not a dependent variable based on immigration reform. The four novels addressed here that can aid in policy analysis about immigration reform and migration are; Valeria Luiselli, Lost Children Archive; Kate Fox, The Migrant: A Novel; Graciela Limon, The River Flows North; and, Jenny Torres Sanchez, We Are Not From Here. Collectively, these four novels enhance policy analysis by adding a more human understanding of the perils that migrants go through and why American politicians uttering statements about where the United States stands on admitting them, matter little to migrants who make the journey to our border. What American politicians say, or which policies are proposed or implemented are often no more than “noise” to migrants. How American policies can affect the flow of migrants or encourage potential migrants to not start their journey in the first place, is not clear at all.

An inter-Asian perspective on China’s rise and power shifts in Asia

PurposeTaking an inter-Asian perspective on the perception of China’s rise and power shifts in Asia, this reflection draws on the examples of Hong Kong’s years-long pro-democracy movement, Taiwan’s democratization and India’s anti-China sentiments to discuss the growth of domestic and international discontents against China’s projection of sharp power, even military power, along its peripheries. The severity of these crises suggests that an assertive China has trapped itself in a perpetual cycle of intensifying authoritarian rule at home and seeking expansionary outreach abroad. China’s diplomatic and military adventurism is likely to antagonize potential allies, jeopardizing the hope for inter-Asian solidarity and cooperation.Design/methodology/approachThe authors consult relevant secondary literature to contextualize the perception of China’s rise to domination from an inter-Asian perspective.FindingsFollowing the end of the Cold War in 1990 and the demise of the Soviet Union as a Eurasian empire, some cultural theorists proposed a postcolonial, inter-Asian perspective to de-globalize the Euro-American-dominated humanities and social sciences, recognizing that many areas once deemed by the West as marginal and peripheral had contributed to the transformation of the modern world. The nineteenth-century Western imperialists and early twentieth-century Japanese militarists once deployed the geopolitical concept of “Asia” to advance their respective discourses of modernity and progress. Thus, the very notion of Asian solidarity or Pan-Asianism is deeply problematic because it reminds us of the entwined histories of colonial oppression and resistance against imperialistic intrusions.Research limitations/implicationsThe conventional “inter-Asian” perspective that emphasizes relational connectedness across and within nations does not seem applicable to explaining the troublesome relationship between American universalism and China-centric authoritarianism.Practical implicationsIn today’s multipolar world, the USA and China are embroiled in a competitive relationship regarding the shape the global order should take. The recent US-China trade war is only the opening shot in the wider bilateral conflict. Behind this contest for global leadership in economic influence and technology is a serious battle of ideas.Social implicationsChina is still coming to terms with many unexpected consequences of globalization. Steady recovery gave China a temporary reprieve but the overall economy has weakened due to many years of trade disputes with the USA and the COVID-19 pandemic. China has yet to find a way to coexist with a fast-developing India, address the genuine grievances and demands for democratic change in Hong Kong and accommodate a stronger pro-independence force in Taiwan. To revive the vision of inter-Asian solidarity, China should build trust at home and abroad and reimagine institutional mechanisms for conflict resolution. Otherwise, it would trap itself in endless cycles of tensions and conflicts that benefit no one.Originality/valueThe rapid rise of China to power in the Eurasian continent and Asian waters has not only distorted the inter-Asian vision of seeking unity among postcolonial states but also accelerated competitions for territorial resources and regional dominance. By reflecting on the latest interventions of China in geopolitical affairs, this paper shows that despite the rhetorical appeal of horizontality, the engagement of many emerging Asian powers has diverged from the ideal of inter-Asian cooperation. The task for scholars is to gain a more accurate understanding of the fluid situations on the ground.

Hoots and harm reduction: a qualitative study identifying gaps in overdose prevention among women who smoke drugs

BackgroundSmoking or inhaling illicit drugs can lead to a variety of negative health outcomes, including overdose. However, most overdose prevention interventions, such as supervised consumption services (SCS), prohibit inhalation. In addition, women are underrepresented at SCS and are disproportionately impacted by socio-structural violence. This study examines women’s experiences smoking illicit drugs during an overdose epidemic, including their utilization of a women-only supervised inhalation site.MethodsQualitative research methods included on-site ethnographic observation and semi-structured interviews with 32 participants purposively recruited from the women-only site. Data were coded and analyzed using NVivo 12 and thematic analysis was informed by gendered and socio-structural understandings of violence.ResultsParticipants had preferences for smoking drugs and these were shaped by their limited income, inability to inject, and perceptions of overdose risk. Participants expressed the need for services that attend to women’s specific experiences of gendered, race-based, and structural violence faced within and outside mixed-gender social service settings. Results indicate a need for sanctioned spaces that recognize polysubstance use and drug smoking, accommodated by the women-only SCS. The smoking environment further fostered a sociability where participants could engage in perceived harm reduction through sharing drugs with other women/those in need and were able to respond in the event of an overdose.ConclusionsFindings demonstrate the ways in which gendered social and structural environments shape women’s daily experiences using drugs and the need for culturally appropriate interventions that recognize diverse modes of consumption while attending to overdose and violence. Women-only smoking spaces can provide temporary reprieve from some socio-structural harms and build collective capacity to practice harm reduction strategies, including overdose prevention. Women-specific SCS with attention to polysubstance use are needed as well as continued efforts to address the socio-structural harms experienced by women who smoke illicit drugs.

Does immigrant legalization affect crime? Evidence from deferred action for childhood arrivals in the United States

The implementation of Deferred Action for Childhood Arrivals (DACA) in 2012 grants undocumented immigrants who were brought to the United States as children a temporary reprieve from deportation and authorization to work legally, potentially increasing their opportunity costs of committing crimes. In this article, I examine the impact of DACA on crime. The analysis yields a few main results. First, at the individual level, comparing the difference in the likelihood of being incarcerated between DACA-eligible population with its counterpart before and after the implementation of DACA, I fail to find evidence that DACA statistically significantly affected the incarceration rate of undocumented youth. This result is robust to controlling for the differences in characteristics associated with DACA eligibility, such as age and age at arrival. Second, using the variation in the number of DACA applications approved across the U.S. states, the evidence suggests that DACA is associated with a reduction in property crime rates. An increase of one DACA application approved per 1000 population is associated with a 1.6% decline in overall property crime rate. Further analysis shows that this reduction is driven by the decline in burglary and larceny rates. This finding suggests that policies that expand the employment opportunities of immigrants may reduce crimes committed for financial gains that often do not lead to incarceration.

Western Europe's Long Retreat from Coal and Implications for Energy Trade

AbstractWestern Europe's industrialization was powered largely by coal. Within 15 years after the end of the Second World War, however, governments were subsidizing coal and protecting producers from foreign competition while allowing their industries to contract in a way that avoided large-scale unemployment of miners. The oil-price shocks of 1973–1974 and 1979–1980 gave temporary reprieve to hard-coal production until international oil prices slumped in 1986. This event, combined with ever more stringent environmental regulations and, later, caps on carbon-dioxide emissions, led to the disappearance of subsidized coal mining in one country after another. As of the end of 2019, hard coal was still being mined – in small amounts – in only three Western European countries: Norway, Spain, and the United Kingdom. This paper describes the history of the industry from 1945 through to the present, and the consequences of subsidy policy for trade in hard coal and its substitutes. A common observation is that a reduction in subsidized coal production by a country has not necessarily translated into increased imports of coal on a one-for-one basis.

‘Is Help Coming?’ Communal Self-Protection during Genocide

Despite the rhetoric of the Responsibility to Protect principle (R2P), vulnerable groups continue to experience genocide. Some, such as the Yazidis in Iraq, have tried to mitigate genocide through communal self-protection. The dominance of R2P in contemporary normative discussions about responding to genocide, however, means that there has been a lack of research into the lived realities of such experiences. This article explores the phenomenon of communal self-protection during genocide, through a multiple case study analysis. It examines the pre-eminent examples of communal self-protection during three cases of modern genocide — the experiences of the Armenians at Musa Dagh during the 1915 Armenian genocide, the Tutsi at Bisesero during the 1994 Rwanda genocide, and the Yazidis in Sinjar during the 2014 Yazidi genocide. It presents a typology of communal self-protection strategies during genocide, developed from the case study analysis. The article finds that communal self-protection is only feasible as a strategy in exceptional circumstances. Even in a best-case scenario, communal self-protection offers a temporary reprieve, rather than sustainable living conditions. Vulnerable groups attempting communal self-protection are ultimately reliant on external rescue for their survival, which may not be forthcoming. Communal self-protection should therefore not be regarded as a viable strategy to mitigate genocide in any circumstance.

“Bed Bugs and Beyond”: An ethnographic analysis of North America's first women-only supervised drug consumption site

BackgroundAttention to how women are differentially impacted within harm reduction environments is salient amidst North America's overdose crisis. Harm reduction interventions are typically ‘gender-neutral’, thus failing to address the systemic and everyday racialized and gendered discrimination, stigma, and violence extending into service settings and limiting some women's access. Such dynamics highlight the significance of North America's first low-threshold supervised consumption site exclusively for women (transgender and non-binary inclusive), SisterSpace, in Vancouver, Canada. This study explores women's lived experiences of this unique harm reduction intervention. MethodsEthnographic research was conducted from May 2017 to June 2018 to explore women's experiences with SisterSpace in Vancouver's Downtown Eastside, an epicenter of Canada's overdose crisis. Data include more than 100 hours of ethnographic fieldwork, including unstructured conversations with structurally vulnerable women who use illegal drugs, and in-depth interviews with 45 women recruited from this site. Data were analyzed in NVivo by drawing on deductive and inductive approaches. FindingsThe setting (non-institutional), operational policies (no men; inclusive), and environment (diversity of structurally vulnerable women who use illegal drugs), constituted a space affording participants a temporary reprieve from some forms of stigma and discrimination, gendered and social violence and drug-related harms, including overdose. SisterSpace fostered a sense of safety and subjective autonomy (though structurally constrained) among those often defined as ‘deviant’ and ‘victims’, enabling knowledge-sharing of experiences through a gendered lens. ConclusionSisterSpace demonstrates the value and effectiveness of initiatives that engage with socio-structural factors beyond the often narrow focus of overdose prevention and that account for the complex social relations that constitute such initiatives. In the context of structural inequities, criminalization, and an overdose crisis, SisterSpace represents an innovative approach to harm reduction that accounts for situations of gender inequality not being met by mixed-gender services, with relevance to other settings.

DACA and the Supreme Court: How We Got to This Point, a Statistical Profile of Who Is Affected, and What the Future May Hold for DACA Beneficiaries

Executive Summary In June 2012, the Obama administration announced the establishment of the Deferred Action for Childhood Arrivals (DACA) program, which sought to provide work authorization and a temporary reprieve from deportation to eligible undocumented young immigrants who had arrived in the United States as minors. Hundreds of thousands of youth applied for the program, which required providing extensive evidence of identity, age, residence, education, and good moral character. The program allowed its recipients to pursue higher education, to access more and better job opportunities, and to deepen their social ties in the United States. This article provides a statistical portrait of DACA recipients based on administrative data from US Citizenship and Immigration Services (USCIS) and estimates drawn from the 2017 American Community Survey (ACS) Census data. It finds the following: As of September 30, 2019, there were 652,880 active DACA recipients. Sixty-six percent of recipients are between the ages of 21 and 30. The top five countries of birth for DACA recipients are Mexico (80 percent), El Salvador (4 percent), Guatemala (3 percent), Honduras (2 percent), and Peru (1 percent). DACA recipients reside in all 50 states and Washington, DC, and in US territories including Puerto Rico, Guam, and the Virgin Islands. The top five states with the highest number of DACA recipients are California (29 percent), Texas (17 percent), Illinois (5 percent), New York (4 percent), and Florida (4 percent). Eighty-one percent of DACA recipients has lived in the United States for more than 15 years. Six percent is married to US citizens, 4 percent to lawful permanent residents (LPRs), and 13 percent to undocumented immigrants. Among US-born children younger than 18 years, 346,455 have at least one DACA parent. Fifty-five percent of DACA recipients graduated from high school, 36 percent has some college education, and 7 percent a bachelor’s degree or higher. Ninety-five percent is employed. The Trump administration rescinded the DACA program in September 2017, leaving recipients and their families in a legal limbo. Federal litigation led to a nationwide preliminary injunction and DACA’s partial reinstatement for existing recipients. At this writing, the case is before the US Supreme Court, which will determine the program’s fate. Beyond its statistical portrait, the article provides testimonies from DACA recipients who recount how the program improved their lives and their concerns over its possible termination. It also provides recommendations for Congress, local and state governments, and immigration advocates. In particular, it recommends passage of legislation that would create a path to citizenship for DACA recipients and programs and policies to support and empower young immigrants.

How Do Discover Bank Debtors Fare in Trial Courts? An Empirical Investigation of Credit Card Collection Litigation in Texas

This research report is the second in a series of empirical studies of sets of 100 cookie-cutter collection cases filed by the same original creditor. The first such pilot study looked a consumer credit card actions filed by Wells Fargo Bank, N.A. (WFBNA) in Harris County district courts in 2017. This study examines a sample of like size consisting of credit card collection cases filed by Discover Bank in 2014 in the same local court system, using a different law firm. FREQUENCY DISTRIBUTION OF CASE OUTCOMES For the Discover Bank credit card cases in this study, the breakdown by disposition type was as follows: Dismissal on Plaintiff’s Motion or Nonsuit: 39% Default Judgment for Plaintiff: 24% Dismissal for Want of Prosecution: 21% Agreed Judgment for Plaintiff: 10% Summary Judgment for Plaintiff: 3% Bench Trial Judgment for Plaintiff: 2% Bench Trial Judgment for Defendant: 1% Only in one case did the defendant win at a trial. This represents 1% of the entire sample, but would look better relative to contested cases only. In two other cases that went to trial and were won by the Plaintiff, the judge noted on the Bank’s proposed judgment that the defendant did not appear. DEFENDANTS WITH AND WITHOUT ATTORNEY As for representation status, consumer defendants had an attorney of record in 9% of the cases. Several of the pro se defendants indicated in their written answer that they had signed up with a debt settlement company (Freedom Debt Relief), but that organization did not provide them with an attorney. Of the few cases in which the defendant was represented by counsel, three resulted in agreed judgments, another three resulted in dismissals on the Bank’s motion. One was taken to trial and ended in a take-nothing judgment in the Defendant’s favor. In two other cases that went to trial, the Bank won. The number of cases that were actually tried, and the number of cases with counsel, is too small to reach definitive conclusions regarding the role of litigation performance, but the data is not inconsistent with the proposition that attorney representation can make a difference in garden-variety consumer collection cases. All of the default judgments could have been avoided had the defendant filed at least a general denial answer as authorized by the Texas Rules of Civil Procedure, which could have be done without an attorney by using a form, or by filing a narrative letter-type answer. This could, at the minimum, have given the Defendants a temporary reprieve, and more time to come up with money for a settlement/payment plan. RESOLUTIONS BY SETTLEMENT In contrast to the findings of the first study in the series, a number of Discover Bank cases contained documents that reveal the terms of settlements (so-called Rule 11 Agreements) and were generally filed in conjunction with agreed judgments. Discover Bank collection cases thus provide more information on settlement outcomes than is true of Wells Fargo cases. This category of information is not comprehensive, however, because a case may settle for a one-time lump sum payment, followed by a dismissal with prejudice on the Plaintiff’s motion. If the settlement has already been consummated, there is no need to recite the settlement terms in a court filing because they can no longer be breached. A dismissal with prejudice will do under such circumstances. LIMITED DISCRETIONARY ROLE OF TRIAL COURTS Because of the prevalence settlement, voluntary dismissal, or dismissal for want of prosecution (DWOP), the role of trial court judges in an adjudicatory capacity is limited to a very small proportion of the caseload.

50 years later, insect evidence overturns Canada’s most notorious case — Regina v. Steven Truscott

On 11 June 1959, the body of 12-year old Lynne Harper was discovered in a woodlot northeast of Clinton, Ontario. Although insect evidence was photographed and collected at the scene and autopsy, this evidence was not used in the 1959 trial. Instead, time of death was pinpointed to a 45-min window of 1900–1945 h on 9 June 1959 based on stomach content analysis. Based on circumstantial evidence and this time frame that he was the last suspect to see her alive, 14-year old Steven Truscott was convicted of her murder. He was scheduled to be hanged, but a temporary reprieve postponed his execution. In 1960, his death sentence was commuted to life imprisonment. Truscott was the youngest person to be sentenced to death in Canada, and his case provided the major impetus toward abolition of the death penalty in Canada. Truscott always maintained his innocence. In 2001, the Association in Defence of the Wrongly Convicted filed an appeal to have the case reopened. In 2006, the authors of this paper were contacted by Attorneys James Lockyer and Phil Campbell of the LCP Law Firm in Toronto to investigate this case. Fresh evidence was presented at the Ontario Court of Appeal in 2006–2007 including testimony of 3 forensic entomologists. This resulted in controversy regarding identification of the insects and assumptions of insect behaviour that affected the postmortem interval estimate. Lack of scientific evidence for the controversial theories proposed by one testifying entomologist resulted in disregarding his testimony. Instead, testimony by VanLaerhoven and Merritt was accepted. Based on their analysis and a re-creation experiment of the insect evidence, initial fly colonization occurred during daylight hours of 10 June 1959. The collected larvae were not likely to have been deposited on the body before dark (2140 h) on 9 June 1959 as this would have resulted in significantly larger and more advanced larval instar than were collected at the scene or autopsy. This analysis, together with a pathology reanalysis of stomach content analysis, demonstrated that the original estimate of time of death was unreliable. Truscott was with numerous witnesses prior to 1900 h and after 2000 h on 9 June 1959, thus the estimate of time of death was the most critical evidence in the original 1959 trial and the 2006–2007 appeal. On 28 August 2007, his conviction was overturned, declared a wrongful conviction and miscarriage of justice. Steven Truscott was acquitted of the murder charges.

The UK North Sea: How To Manage an Aging Basin

The words “UK North Sea” do not engender much more than cautious optimism these days when talking about oil and gas production, with dropping production and high decommissioning costs dominating the conversation. The reality is more complicated. After 14 years straight of production declines, and particularly sharp production declines from 2010 to 2014, the UK continental shelf (UKCS) saw production increases from 2015 to 2017. While it is a mature basin in the midst of overall decline, the UKCS has shown potential. Production in recent years has been boosted by a number of large projects coming online such as BP’s Schiehallion and Chevron’s Rosebank. Future production numbers may see a boost from discoveries like BP’s Capercaillie and Achmelvich, and Hurricane Energy’s discoveries at Halifax and Lincoln in the West of Shetland area. Companies and government regulators also see opportunities. Whether those opportunities will lead to anything beyond a temporary reprieve remains a question. Even if the decline resumes next year, as some have forecast, managing the assets still active in a way that avoids double digit losses will be a challenge for all the stakeholders in the area. The Value of Infrastructure In discussing decommissioning and abandonment’s place in the North Sea conversation, Oil and Gas UK economics and market intelligence manager Adam Davey said he has seen little evidence of a massive pickup in activity, with more stories coming about operators trying to extend field life and defer decommissioning. However, the massive cost of decommissioning is still the most pressing issue facing companies operating in the region. The North Sea makes up the majority of global offshore decommissioning costs, and while the region is forecast to comprise a smaller share of the global total over the next 4 years, the overall costs of North Sea decommissioning should still rise from 2018 to 2021 (Fig. 1). Wood Mackenzie predicted that decommissioning spend will overtake capital expenditure by 2022. In the UK, decommissioning costs are expected to remain consistent at $2.3 to $2.7 billion annually over the next 5 years, compared to $532 million to $1 billion on the Norwegian continental shelf and $864 million to $1 billion on the Dutch continental shelf. Oil and Gas UK said it is an indication that there is no need to rush decommissioning efforts. While decommissioning activity on the UKCS is much greater than in the other sectors on the North Sea, the consultancy said this reflects the total amount of infrastructure in the basin, as well as the fact that an increasing number of mature assets are naturally reaching the end of their productive lives. Wood Mackenzie said it is not necessarily an indicator that the UKCS is entering a steep decline.