text:
The Tenth Circuit has published an opinion upholding the exclusion of an expert's testimony in support of a damage model because: (1) the expert exhibited an "utter lack of any familiarity, knowledge, or experience with damages analysis"; (2) his methods were "misleading, not reliable, and unsupported by use in any other comparable setting" and did not fit the facts of the case; and (3) the testimony would have confused the jury rather than assisting it. See Lifewise Master Funding v. Telebank, No. 03-4086 (10th Cir. June 29, 2004) (Ebel, Kelly, & McConnell, JJ.).
The Ninth Circuit has published an opinion upholding the trial court's exclusion of expert evidence from a sociologist, offered to support a criminal defendant's contention that he was smuggling the drugs under duress. The sociologist would have testified that the defendant's reluctance to approach the Mexican police for help was consistent with general Mexican attitudes toward law enforcement, in view of widespread government corruption and the reach and power of Mexican drug cartels. The panel affirmed the trial court's exclusion of the expert's testimony as more prejudicial than probative. See United States v. Verduzco, No. 03-50044 (9th Cir. June 29, 2004) (Bright, O'Scannlain, & McKeown, JJ.).
Blog 702 is one year old today. We'd like to thank our readers for their loyalty and support. There's a lot of commentary on what makes blogging worthwhile -- as a device for marketing, a way of influencing discussion and events, et cetera, et cetera. But there's nothing so rewarding as knowing that there's an audience whose members sometimes find the weblog entertaining or informative. So thanks to all the people who have tuned in.
And stay tuned. The expert wars are a growth industry, and we're not going away anytime soon.
Deardorff next argues that Richard Dale Carter, the State's forensic expert, was erroneously permitted to testify that the duct tape recovered from the victim's body matched the roll of duct tape recovered from the warehouse unit Deardorff had rented from Turner. He acknowledges that defense counsel made no objection at trial to Carter's testimony. We review the claim for plain error, and we find none.
Carter testified as to his academic credentials and the course work he had completed at the FBI academy schools. He stated that his area of specialty is firearm and toolmark examination. After he testified about the results of his comparison of the bullets and the revolver he received in this case, he testified that he compared the duct tape found on the victim's jacket and the pillowcase to the roll of duct tape that was recovered from Deardorff's warehouse unit. Carter explained the manufacturing process involved in making rolls of duct tape and he testified in detail about the manufacturing marks that remain on the tape. Carter stated that, in his opinion, the tape recovered from the crime scene and the roll of duct tape recovered from Deardorff's warehouse unit were all made on the same machine during the same four- to six-month period.
Carter's testimony established that he had received on-the-job training with the forensic sciences departmental director when he began his career, that he had been working as a forensic scientist for more than 30 years, and that he had completed numerous post-graduate training seminars. The proper predicate for Carter's expert testimony regarding the duct-tape comparison was laid, and the trial court did not abuse its broad discretion when it permitted Carter to testify. No plain error occurred as a result of Carter's testimony, and Deardorff is not entitled to any relief on this claim.
See Deardorff v. Alabama, No. CR-01-0794 (Ala. Ct. Crim. App. June 25, 2004).
Advice to prosecutors: If you can't get them for perjury, try grand larceny.
Via David Bernstein at Point of Law, we learn that North Carolina's Supreme Court issued a decision this past Friday rejecting Daubert in favor of that state's existing and more lenient reliability standard. See Howerton v. Arai Helmet, Ltd., No. 383PA03 (N.C. Sup. Ct. June 25, 2004).
The Ninth Circuit has published an opinion upholding testimony from an insurance claims adjustment expert in a "bad faith" dispute, rejecting defendants' contention that experience specific to "bad faith" claims should be required. See Hangartner v. Provident Life & Accident Ins. Co., No. 02-17423 (9th Cir. June 25, 2004) (Goodwin, Tashima, & Clifton, JJ.).
Before plunging into the details of this perjury case, it is worth recalling “the traditional Anglo-American judgment that a prosecution for perjury is not the sole, or even the primary, safeguard against errant testimony.” Bronston v. United States, 409 U.S. 352, 360 (1973). Underlying this limited role of perjury prosecutions is the “one consideration of policy [that has] overshadowed all others during the years when perjury first emerged as a common-law offense: ‘that the measures taken against the offense must not be so severe as to discourage witnesses from appearing or testifying.’ ” Id. at 359 (citation omitted). Quoting a nineteenth century treatise to the effect that “the obligation of protecting witnesses from oppression, or annoyance, by charges, or threats of charges, of having borne false testimony, is far paramount to that of giving even perjury its deserts,” Bronston held that intent to mislead, or actually misleading, a jury or other factfinder is not sufficient to make out the crime of perjury. Id. at 359. California law is the same. In re Rosoto, 519 P.2d 1065, 1071 (Cal. 1974) (holding that “failure to volunteer testimony to avoid the misleading impression does not constitute perjury,” and citing Bronston approvingly).
These cautions apply with particular force to expert witnesses such as Chein. Although paid, usually well, for their efforts, such witnesses generally appear because they freely choose to do so, often with considerable immunity from subpoena. See generally Janet Fairchild, Annotation, Right of Independent Expert To Refuse To Testify as to Expert Opinion, 50 A.L.R.4th 680 (1986). Unless the strict requirements governing perjury convictions developed by the common law and applied by California are carefully applied, the willingness of experts to assist factfinders with the specialized knowledge needed to decide many cases, see Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), may atrophy.
Judge Berzon's opinion was joined by Chief Judge Schroeder and Judges Hawkins, McKeown, Wardlaw, Gould, and Berzon. Judge O'Scannlain dissented, joined by Judges Rymer, T. Nelson, Rawlinson, and Clifton. See Chein v. Shumsky, No. 01-56320 (9th Cir. June 25, 2004).
Walter Olson and Ted Frank's unfailingly thought-provoking commentary can now be found not only at Overlawyered, but also at Point of Law, a newly launched "web magazine" sponsored by the Manhattan Institute. Even those who may disagree with the site's essentially conservative slant are sure to find it stimulating. Check out the section on scientific evidence.
The Daubert trilogy as a whole deflects attention away from abstract identifications of scientific validity (including the demarcation controversy aimed at rooting out allegedly junk science from the courtroom), and toward the application of expertise to the particular case at hand. That emphasis on application is reflected as well in post-trilogy scholarship, wherein we see three patterns or contours that both help quiet the debates and provide useful guidance to judges and lawyers. First, there is a pragmatic recognition, in various forms, that the focus should be on how science is being used rather than on science in the abstract. Second, that focus must be accompanied by a modest view of science rather than an idealized version of its capacity to produce knowledge for law. Third, the focus on the application phase of expertise must also be accompanied by a modest view of law itself, including judges, lawyers, juries, and the evidentiary rules. It is far too easy, in the post-trilogy series of debates, to romanticize the power of science, or the virtues of the legal system, or both, and to fail to recognize their practical limitations. Romantic images of science are often bolstered by demonizations of forensic scientists, plaintiff's experts, or social science, just as romantic images of law often rely on demonizations of judges untrained in science, lawyers as overly zealous advocates, or jurors as emotional, uncritical, and confused. Thus the pragmatic emphasis on application needs to be mediated by pragmatic views of science and law. Fortunately, the pragmatic aspects of science and law -- which we associate with their local, social, rhetorical, and institutional features -- are most visible in the focus on application. Nevertheless, in the heat of debate, the limitations of law and science often recede into the background, which results in undue attention to red herrings as well as unrealistic proposals for reform.
The full text of the article is available at the SSRN website.
The Tenth Circuit has held that a district court abused its discretion when it: (a) granted an extension for one party to file expert disclosures; (b) neglected to adjust the date for the opposing party's rebuttal reports; and (c) later struck the rebuttal disclosures as untimely, even though the unadjusted deadline for them called for their submission prior to the reports they were to rebut. See 103 Investors I, L.P. v. Square D Co., No. 02-3345 (10th Cir. June 23, 2004) (Ebel, McKay, & Lucero, JJ.).
The Third Circuit has published an opinion affirming the admissibility of testimony from an extraordinarily qualified handwriting expert on the ultimate issue of authorship of key documents. See United States v. Rutland, No. 03-3915 (3d Cir. June 23, 2004) (Alito, Fisher, & Aldisert, JJ.).
Yesterday's LA Times (subscription) reports on three new studies released last month detecting high concentrations of PBDE's (used in flame retardants) in American meat, fish, and poultry. Some 15 million Americans are estimated to have PBDE levels considered high. Scientists are trying to puzzle out whether the main exposure pathway is through ingestion or through inhalation of indoor air. But they have concluded that PBDE's are ubiquitous, and that avoiding exposure is well-nigh impossible.
Overall, evidence is mounting that the issue isn't going away anytime soon. A Google search for "polybrominated diphenyl ethers" currently turns up about 10,000 results. And already, a search for "polybrominated diphenyl ethers lawsuit" turns up about 300.
According to Reuters, 48 Nobel-Prize winning scientists have signed an open letter decrying the Bush Administration's posture toward science and scientists. That complaint is not without foundation.
The 48 scientists also say John Kerry would do better. That could be true as well. But their letter doesn't say why they think so.
Today's New York Times brings news of a complaint filed before the Florida Medical Association by three doctors seeking sanctions against Dr. John Fullerton, who testified against them in an unsuccessful malpractice suit.
There's nothing very unusual in that. State medical associations are increasingly being asked to punish members who provide expert testimony for plaintiffs in medical malpractice cases.
This particular physician, however, has responded by suing the complaining physicians for libel.
"It's something out of Dickens," said Philip K. Howard, the chairman of Common Good, a group advocating changes to what it calls the nation's lawsuit culture. "Why don't these doctors sue back and complain about the complaint? This spins out into the stratosphere, as each person complains about the other person and America descends into a kind of Möbius strip where everyone complains about everything."
At first, Mr. Howard may seem to have a valid point. We started with an actual human transaction -- three physicians treating a stroke victim. We then endured a primary lawsuit (the malpractice action). The primary lawsuit spawned a secondary proceeding (the disciplinary filing with the FMA). With the filing of the defamation action, proceedings have propagated to the tertiary level. Matters having already taken so litigious a turn, it is not unrealistic to imagine a quaternary layer of legal proceedings, if the libel action is unsuccessful -- an action by the three malpractice defendants for malicious prosecution. Where will it all end?
But the Times story buries one salient fact that begins to make Dr. Fullerton's libel claims look a little more reasonable. It transpires, in the twenty-first paragraph of the story, that he is not even a member of the FMA, which therefore lacks any power to discipline him. As the Times puts it, the FMA "has no power to do more than criticize him in a written opinion." In other words, it has only the power to issue a writing injurious to Dr. Fullerton's credibility and reputation, or one that vindicates him, if he prevails.
action if the defamatory matter is true.
But the prospects of any such defense would seem to dim considerably, if the FMA lacks jurisdiction over the respondent and therefore lacks authority to take disciplinary action against him. Absent such authority, there seems little material difference between the three physicians' FMA complaint and (say) a letter to the editor.
It would be interesting to know whether the complaining physicians knew, when they filed with the FMA, that Dr. Fullerton was beyond its disciplinary reach. If they did, what did their lawyers tell them about the potential risks? In fairness, maybe the three physicians wouldn't have cared. Maybe they felt that if a participant in litigation can't stand the heat, he should stay out of the kitchen. If so, they appear to be in a fight with another physician who feels the same way.
Mark T. Coulter, Esq., of Peirce, Raimond & Coulter, has graciously volunteered to monitor West Virginia state law decisions for Daubert on the Web.
Now we have ten state law correspondents, from states representing a total of 124 electoral votes: AL (9), CO (9), IL (21), KY (8), MI (17), ND (3), TX (34), UT (5), VA (13), and WV (5). We want an electoral vote majority of 270 by election day. So do your patriotic duty and join the campaign. To enlist as a correspondent for your state, just write to us.
According to today's NYT, GlaxoSmithKline has agreed to list all clinical trials of its marketed drugs on a web site. Meanwhile, Merck has announced support for the AMA's proposal to establish a government registry for clinical trials. Are there any substantial arguments against such transparency? We can't think of any -- not, at least, for drugs that make it to market.
In a published opinion, the Fourth Circuit has upheld the exclusion of testimony from a biomechanics expert, who proposed to testify that someone of plaintiff's athletic ability would not have lost her balance while leaning backwards over a railing. See O'Neill v. Windshire-Copeland Associates, LP, No. 02-1271 (4th Cir. June 16, 2004) (Michael, King, & Wooten, JJ.).
The Tenth Circuit has reaffirmed the principle that voir dire on expert qualifications need not occur in front of the jury, in a published opinion affirming the admission of testimony from a law enforcement officer in a narcotics trial. See United States v. Arras, No. 02-2341 (10th Cir. June 14, 2004) (Seymour, Hartz, & Tymkovich, JJ.).
A group of medical journals is considering a proposal that would require drug makers to register clinical trials at their inception, as a condition for later publication of the results. The proposal comes in the wake of Eliot Spitzer's recent lawsuit charging the manufacturers of the drug Plaxil with touting one favorable clinical trial while playing down other, less successful ones. The New York Times has the details.
On 3/31/04, we posted on a study by the Texas Defender Service calling into serious question whether expert testimony on future dangerousness -- the sine qua non for imposition of capital punishment in Texas, and a factor in several other states -- is any more reliable than, say, a Tarot card reading.
Now Monday's New York Times has the story.
Update 6/16/04: And here's a Dallas Morning News editorial.
The Minneapolis Star Tribune (subscription) is reporting that Warren Myers, one of two experts selected by OSHA to testify on the merits of disposable respirators manufactured by 3M, failed to disclose his affiliations with the company before offering a ringing testimonial endorsement of their product. An unnamed OSHA source says Myers was asked, before OSHA hired him, whether he was employed by or otherwise affiliated with any organization involved in the rulemaking, and said no. It now transpires, however, that just weeks prior to his OSHA testimony, Myers had served as a paid consultant to 3M counsel defending against thousands of claims that defects in an earlier generation of 3M masks contributed to lung disease.
The paper quotes Myers as saying: "That was with [3M] legal counsel, not 3M. I billed the law office."
We've been on the road a lot over the past couple of weeks, and postings have been sporadic. So too with updates to our parent site, Daubert on the Web.
But we've gone and caught up. In addition to adding several recent federal appellate decisions, we've now posted new state law cases and materials for Alabama, Illinois, Kentucky, Michigan, North Dakota, and Texas.
When Judge Phyllis J. Hamilton handed down her decision last week in Planned Parenthood Federation of America v. Ashcroft, No. C 03-4872 PJH (N.D. Cal. June 1, 2004), holding the Partial Birth Abortion Ban Act of 2003 to be unconstitutional, the media reported the story in the usual way. That is, they reported the story in sports page mode. The winners and losers in the most recent abortion contest were identified, the storied rivalry between the teams was briefly traced, and some thoughts were offered on what the outcome implied for each team's longer term prospects.
Abortion is a politically charged issue, and one on which most members of the public have already chosen sides, so it is understandable if reportage doesn't always dwell on the legal nuances. All the same, public debate might advance beyond mere side-picking, and the occasional mind might even be opened, if it were more broadly understood how our legal system shapes the terms of the litigious debate. To read Judge Hamilton's opinion is to be reminded that constitutional adjudication does not follow the same discursive logic as political discussion. In the litigation context, debate occurs within much narrower doctrinal confines, and there are rules that govern the forms in which each side may offer evidence in support of its position.
It is striking, in particular, how prominent a role was played by expert physician testimony in Judge Hamilton's opinion. Most members of the public probably do not form their opinions on abortion by contacting practicing physicians to gather information about the medical details. Indeed, most members of the public probably consider themselves capable of developing informed opinions with scarcely any knowledge of those details. But the courtroom is a very different arena. Planned Parenthood presented trial testimony from eight physician experts, and deposition testimony from another four. The government responded with five medical experts of its own.
(1) Judge Hamilton barred the government physicians from testifying on the techniques employed in intact dilation and evacuation ("D&E"). None of the government experts had ever performed any D&E procedures, and the court therefore confined their testimony to opinions on the procedure's general safety, based on their literature review. This might be thought to introduce some bias, because physicians who take a dim moral or medical view of the procedure would seem unlikely, in general, to have performed it very often. On the other hand, this is not the only context in which an ostensibly neutral evidentiary rule might systematically tend to produce biased results. One thinks immediately of engineering experts who testify for plaintiffs in product liability suits. Their testimony frequently founders for lack of experience in designing the relevant items. That tends to load the evidentiary dice, too, because it may be more difficult for safety-obsessed engineers to find reliable industry employment. Is there some legitimate reason to weigh the experience factor differently in these different contexts? Should it matter that abortion is a subject of especially heated political debate, or that the legal issues to be adjudicated have constitutional dimensions?
(2) Judge Hamilton felt the credibility of some government witnesses was called into question in light of their record of political advocacy. Is that legitimately a significant factor, in constitutional adjudication where the judge sits as trier of fact? No opinion is expressed here on whether the testimony from the government's experts could claim strict methodological rigor. But suppose it could. Would it be appropriate to discount it nevertheless, based on an assessment of the experts' underlying motivations? Suppose, by contrast, that it couldn't. Then is anything gained by resting decision, even in part, on the notion that the experts' testimony was ideologically driven, if the decision could be sustained in any event, strictly on the medico-scientific merits?
(3) There is debate on how much deference, if any, the courts should show to congressional "findings" supporting the legislation. Judge Hamilton's opinion concluded that the legislation would fail constitutional scrutiny even under the most deferential standard. That approach dodges the logical bullet for now. Looming in the background, though, is the question how to apply the very notion of deference, to the extent that the record before Congress differs from the one before the courts. The whole concept of deference is inherently fuzzy, but it seems natural to say that the level of deference should depend largely on the strength of the respective records. If the predicates for congressionally found facts are woefully thin, then arguably they should receive almost no deference at all. On the other hand, if congressional findings reflect the well-buttressed result of rigorous and thorough inquiry, then arguably they should receive more weight. But such an approach would already embroil the courts in an evaluation of the record before Congress, if only to determine what level of deference should apply, and it is hard to see how that inquiry would differ substantially from one in which the courts simply evaluate the evidence for themselves. Should the congressional evidence be gauged by reference to Daubert's standards for scientific reliability? If not, then by what different metric should it be assessed, and what level of rigor should be required of it?
(4) All in all, what do we think of constitutional holdings that make litigation outcomes depend heavily on recondite expert testimony? On the one hand, it is good to bring state-of-the-art medico-scientific knowledge to bear on these important issues, no? On the other hand, constitutional principles should ultimately rest on some clearer and firmer footing than the ephemeral opinions of a few expert trial witnesses, should they not?
We don't know the answers to these questions. But it will be fascinating to see whether and how the appellate courts address them in all of the various pending "partial birth abortion" cases.
The Sixth Circuit has reversed a trial court's decision admitting a CPA's testimony on lost profits and lost business value as lay opinion. There is precedent for permitting business officers and employees to offer lay opinion on lost profits, based on their personal knowledge of the company's affairs. But the CPA in this case was neither an officer nor an employee, and so Rule 702's requirements applied. See JGR, Inc. v. Thomasville Furniture Indus., Inc., No. 02-3640 (6th Cir. June 3, 2004) (Martin, Moore, & Weber, JJ.).
Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.

matches: v. v. v. v. v. v. v. v. v. v. v. v. v. v.


text:
We are pleased to present to you the list of top 20 Car Accident settlements obtained in New Jersey in the year 2017. The list is comprised of various case types that were filed either in state or federal courts.
Note: If you have made this list (Top 20 Car Accident Settlements in New Jersey in 2017) you have also made the list of Top 50 Car Accident Settlements in New Jersey in 2017.
Case: Lingenfesler v. United Parcel Service, et al.
Attorneys: Hugh M. Turk of Sullivan Papain Block McGrath & Cannavo P.C.
Case: Plaszymaka v. Fu, et al.
Case: Lalonde v. MT. Olive Police Dept., et al.
Case: Cullen v. Desousa, et al.
Attorneys: Harris S. Feldman of Blume, Forte, Fried, Zerres & Molinari, P.C.
Case: Bauder v. Hayes, et al.
Case: Newman, et al. v. Qamar-Yousufzai, et al.
Case: Plaintiff Auto Driver, et al. v. Defendant Bus Driver, et al.
Case: DiMaggio v. Libbey, et al.
Case: Perry v. Kimberling, et al.
Case: Fino v. Bergen Electric, et al.
Attorneys: Robert Winters of Fein, Such, Kahn & Shepard, P.C.
Case: Augustin v. Schneider National Carriers, et al.
Case: Vargas v. Pandora Travel, et al.
Case: Colombo v. Auto Zone, et al.
Case: Dean v. Uhland, et al.
Case: Smith-Leone v. Sidoti, et al.
Attorneys: Norman M. Hobbie of Hobbie, Corrigan & Bertucio, P.C.
Attorneys: Brian A. Held of Lynch Lynch Held Rosenberg, P.C.
Attorneys: Christopher L. Musmanno of Einhorn, Harris, Ascher, Barbarito & Frost, P.C.
Case: Bianculli v. Driscoll, et al.
Case: Bravo v. Kwak, et al.

matches: v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v.


§ 317.300 Nutrition labeling of meat and meat food products.
§ 317.301 Required nutrition labeling of ground or chopped meat products.
§ 317.302 Location of nutrition information.
§ 317.308 Labeling of meat or meat food products with number of servings.
§ 317.309 Nutrition label content.
§ 317.312 Reference amounts customarily consumed per eating occasion.
§ 317.313 Nutrient content claims; general principles.
§ 317.344 Identification of major cuts of meat products.
§ 317.345 Nutrition labeling of single-ingredient, raw meat products that are not ground or chopped products described in § 317.301.
§ 317.360 Nutrient content claims for calorie content.
§ 317.361 Nutrient content claims for the sodium content.
§ 317.362 Nutrient content claims for fat, fatty acids, and cholesterol content.
§ 317.369 Labeling applications for nutrient content claims.
§ 317.380 Label statements relating to usefulness in reducing or maintaining body weight.
§ 317.400 Exemption from nutrition labeling.
58 FR 664, Jan. 6, 1993, unless otherwise noted.


text:
In principle, we process personal data of our users only to the extent necessary to provide a functioning website and to provide our services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent can not be obtained for reasons of fact and the processing of the data is permitted by law.
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a of the EU General Data Protection Regulation (DSGVO) as legal basis.
Insofar as processing of personal data is required to fulfill a legal obligation that is subject to our company, Art. 6 para. 1 lit. c DSGVO is the legal basis.
In the case that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO is the legal basis.
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is done. In addition, such storage may be provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.
Within this website, the SSL method (HTTPS) is used to transmit entered data.
Incidentally, we take appropriate technical and organizational security measures to protect your data from manipulation, loss or unauthorized access by third parties.
A transfer of your personal data from us to third parties will be made exclusively to the service partners involved in the execution of the contract, such as the logistics company commissioned with the delivery and the responsible bank for payment matters. However, in the case of the disclosure of your personal data to third parties, the scope of the data transmitted is limited to the minimum required.
The data are also stored in the log files of our system. An assignment of this data to other personal data of the user is not made and not stored.
Storage in log files is done to ensure the functionality of the website. In addition, the data are used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction possibility on the part of the user.
The cookies store login informations and certain settings made by the user, as sample the count of items per page.
We only offer our services and products to traders, therefore it is necessary to register with company or personal data for the receipt of offers, specific information about products or deliveries. On our website this is possible via the contact form. The data are entered into an input mask, transmitted to us and stored. A transfer of data to third parties does not take place.
Company name, name of the owner, branch, name of contact person, address, contact details such as telephone, fax and e-mail address. In addition, the date and time of sending are recorded. It also may be necessary to submit a trade license.
Legal basis for the processing of the data with consent of the user is Art. 6 para. 1 lit. a of the GDPR.
If the data processing serves the fulfillment of a contract of which the user is a party or the implementation of pre-contractual measures, then additional legal basis for the processing of the data is Art. 6 para. 1 lit. b DSGVO.
This is the case for the data collected during the order process for the execution of a contract or for the execution of pre-contractual measures, when the data are no longer necessary for the execution of the contract. Even after the conclusion of a contract, there may be a need to store personal data of the contracting party in order to fulfill contractual or legal obligations.
As a user, you always have the option to change the data stored about you. You also always can terminate the registration.
If the data are required to fulfill a contract or to carry out pre-contractual measures, premature deletion of the data is only possible, if no contractual or legal obligations preclude deletion.
On our website you can subscribe to a free newsletter via the contact form. The data from the contact form will be sent to us when registering for the newsletter. The collection of the user's e-mail address serves to deliver the newsletter. In addition, the date and time of registration are recorded. In connection with the processing of data for the sending of newsletters, there is no disclosure of the data to third parties.
The legal basis for the processing of the data after the user has registered for the newsletter is the consent of the user Art. 6 para. 1 lit. a of the DSGVO. The legal basis for sending the newsletter as a result of the sale of goods or services is § 7 Abs. 3 UWG.
On some pages we include maps of the service "Google Maps". Provider is Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. When you visit this page, you will be connected to Google's servers. It tells Google which page the call comes from. If you have a Google Account and are logged in, Google may be able to personalize your browsing behavior. You may also have a cookie stored on your device.
You prevent the personal assignment of the surfing behavior by logging out of your Google account beforehand, if you are logged in there.
You may require the person in charge to confirm if personal data concerning you are processed by us.
You have the right to request information about whether your personal information are transfered to a third country or an international organization. In this connection, you can request the appropriate guarantees about the transfer in accordance with Art. 46 GDPR.
You have a right to rectification and / or completion to the controller, if the personal data you process is incorrect or incomplete. The responsible person must make the correction immediately.
If the processing of personal data concerning you has been restricted, these data may only be used, with the exception of their storage, with your consent or for the assertion, exercise or defense of your rights or rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
You revoke your consent to the processing according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. DSGVO and there is no other legal basis for processing.
You object to the processing according to Art. 21 para. 1 DSGVO and there are no prior justifiable reasons for the processing, or you object to the processing according to Art. 21 para. 2 DSGVO.
If the person in charge has made public the personal data concerning you and he / she is obliged to delete that data according to Art. 17 (1) of the DSGVO, he / she must adopt measures to inform the person who is responsible for data processing, about your demand of deleting all links to the data, deleting all copies or all replications. This takes place considering the technical possibilities and implementation costs.
If you have the right of rectification, erasure or restriction of processing to the controller, he / she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort. You have a right to be informed about these recipients.
In exercising this right, you also have the right to obtain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible and freedoms and rights of other persons not be affected.
You have the right at any time, for reasons that arise from your particular situation, take an objection against the processing of your personal data, which was recorded according to Art. 6 para. 1 lit. e or f DSGVO.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims. If the personal data relating to you are processed in order to operate direct mail, you have the right to object at any time to the processing of your personal data for the purposes of such advertising. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
You have the right to revoke your declaration of consent for data protection right at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, your place of work or place of the possible violate, if you believe that the processing of the personal data concerning you is violating against the DSGVO.

matches:
Art. 6
Art. 6
Art. 6
Art. 6
Art. 6
Art. 6
§ 7
Art. 46
Art. 6
Art. 9
Art. 21
Art. 21
Art. 17
Art. 6


text:
Сурменева Мария Александровна, ведущий ученый | Surmenev research Group | Presentation of the Research group, which is working on biomaterials and its application in biomedical sphere.
- Физико-механические и биохимические свойства и методы исследования поверхностей.
- Syromotina D.S., Surmenev R.A., Surmeneva M.A., Boyandin A.N., Epple M., Ulbricht M., Oehr C, Volova T.G. Oxygen and ammonia plasma treatment of poly (3-hydroxybutyrate) films for controlled surface zeta potential and improved cell compatibility. Materials Letters. – 2016. – V. 163. – P. 277–280.
- Surmeneva M.A., Chudinova E.A., Grubova I.Y., Korneva O.S., Shulepov I.A., Teresov A.D., Koval N.N., Mayer J., Oehr C., Surmenev R.A. Effect of pulsed electron beam treatment on the physico-mechanical properties of hydroxyapatite-coated titanium. Ceramics International. – 2016. – V.42(1). – P. 1470–1475.
- Ivanova A.A., Surmeneva M.A., Tyurin A.I., Pirozhkova T.S., Shuvarin I.A., Prymak O., Epple M., Chaikina M.V., Surmenev R.A. Fabrication and physico-mechanical properties of thin magnetron sputter deposited silver-containing hydroxyapatite films. Applied Surface Science. – 2016. – V. 360. – P. 929–935.
- Surmeneva M.A., Kleinhans C., Vacun G., Kluger P. J., Schönhaar V., Müller M., Hein S.B., Wittmar A., Ulbricht M., Prymak O., Oehr C., Surmenev R.A. Nano-hydroxyapatite-coated metal-ceramic composite of iron-tricalcium phosphate: Improving the surface wettability, adhesion and proliferation of mesenchymal stem cells in vitro. Colloids and Surfaces B: Biointerfaces. – 2015. – V.135. –P. 386–393.
- Surmeneva M.A., Mukhametkaliyev T.M., Khakbaz H., Surmenev R.A., Kannan M.B.Ultrathin film coating of hydroxyapatite (HA) on a magnesium–calcium alloy using RF magnetron sputtering for bioimplant applications. Materials Letters. – 2015. – V. 152. – P. 280–282.
- Surmeneva M.A., Surmenev R.A. Microstructure characterization and corrosion behaviour of a nano-hydroxyapatite coating deposited on AZ31 magnesium alloy using radio frequency magnetron sputtering. Vacuum. – 2015. – V. 117. – P. 60–62.
- Surmeneva M.A., Mukhametkaliyev T.M., Tyurin A.I., Teresov A.D., Koval N.N., Pirozhkova T.S., Shuvarin I.A., Shuklinov A.V., Zhigachev, A.O., Oehr C., Surmenev R.A. Effect of silicate doping on the structure and mechanical properties of thin nanostructured RF magnetron sputter-deposited hydroxyapatite films. Surface and Coatings Technology. – 2015. – V. 275. – P. 176–184.
- Ivanova A.A., Surmenev R.A., Surmeneva M.A., Mukhametkaliyev T., Loza K., Prymak O., Epple M. Hybrid biocomposite with a tunable antibacterial activity and bioactivity based on RF magnetron sputter deposited coating and silver nanoparticles. Applied Surface Science. – 2015. – V. 329. – P. 212–218.
- Grubova I.Y., Surmeneva M.A., Ivanova A.A., Kravchuk K., Prymak O., Epple M., Buck V., Surmenev R.A. The effect of patterned titanium substrates on the properties of silver-doped hydroxyapatite coatings. Surface and Coatings Technology. – 2015. – V. 276. – P. 595–601.
- Ivanova A.A., Surmeneva M.A., Surmenev R.A., Depla D. Influence of deposition conditions on the composition, texture and microstructure of RF-magnetron sputter-deposited hydroxyapatite thin films. Thin Solid Films. – 2015. – V. 591. – P. 368–374.
- Surmeneva M.A., Tyurin A.I., Mukhametkaliyev T.M., Pirozhkova T.S., Shuvarin I.A., Syrtanov M.S., Surmenev R.A. Enhancement of the mechanical properties of AZ31 magnesium alloy via nanostructured hydroxyapatite thin films fabricated via radio-frequency magnetron sputtering. Journal of the Mechanical Behavior of Biomedical Materials. – 2015. – V. 46. – P. 127–136.
- Surmeneva M., Surmenev R., Nikonova Y., Selezneva I., Ivanova A., Putlyaev V., Prymak O., Epple M. Fabrication, ultra-structure characterization and in vitro studies of RF magnetron sputter deposited nano-hydroxyapatite thin films for biomedical applications. Appl. Surf. Sci. – 2014. – V. 317. – P. 172–180.
- Surmeneva M.A., Surmenev R.A., Tyurin A.I., Mukhametkaliyev T.M., Teresov A.D., Koval N.N., Pirozhkova T.S., Shuvarin I.A., Oehr C. Comparative study of the radio-frequency magnetron sputter deposited CaP films fabricated onto acid-etched or pulsed electron beam-treated titanium. Thin Solid Films. – 2014. – V. 571. – P. 218–224.
- Surmenev R.A., Surmeneva M.A., Ivanova A.A. Significance of calcium phosphate coatings for the enhancement of new bone osteogenesis – A review. – Acta Biomaterialia. – 2014. – V.10. – I.2. – Р. 557–579.

matches: V. V. V. V. V. V. V. V. V. V. V.


text:
The Book Club program began as a collaboration between a group of teachers and researchers in 1989. Since then we've developed and refined a reading curriculum centered around small, student-led discussion groups. The children themselves assume responsibility for deciding the course of their conversations, but these conversations occur within a context of balanced literature-based instruction that fully integrates reading, writing, speaking, and listening.
The Book Club program is grounded in some exciting new ideas about literacy. As we all remember from our own school experiences, literacy was once defined as the ability to decode text and identify main ideas and details. Today, however, people have begun to view literacy as a process — a process of making meaning by interacting with text in a social context. In the Book Club program, we've incorporated two perspectives that have defined a new course for reading instruction: social constructivism and reader response theory.
The social constructivist perspective defines reading as a complex mental process that takes place in a specific social, cultural, and historical setting. Knowledge, according to this theory, is constructed within the context of meaningful, collaborative activities. The meaning and purpose of these activities is determined by the cultural standards at a particular moment in history. At present, the standards for literacy in American schools emphasize constructing meaning, valuing a variety of textual interpretations, responding to text in personal and aesthetic ways, and responding to reading through writing and discussion. Social constructivist theory suggests that interacting with others not only enriches a reader's appreciation of literature, but in fact is the means by which children develop literacy. We reflect the social nature of literacy in Book Club's focus on student-led discussion groups and in whole-class discussions.
In the past, literacy instruction maintained a narrow focus on literal comprehension. Students were asked to read a text and identify the main ideas, which were defined by the people who created the curriculum. Reader response theory, one of the foundations of the Book Club program, suggests that reading involves more than extracting information from a text. Instead of assuming that meaning lies buried within text waiting for readers to unearth it, the reader response perspective recognizes that what readers bring to the text is just as important as what they take from it. Readers construct meaning by bringing their prior knowledge and their affective responses to the text. Discussing the text with others—asking and answering questions, debating, reflecting—forms another crucial aspect of constructing meaning. In Book Club, we try to incorporate all of these aspects of literacy.
The tools to turn your classroom into a vibrant community of readers and learners are virtually at your fingertips. Whether you're an elementary or a middle school teacher, familiar with Book Club or just starting out, these are the materials you'll need.
Book Club: A Literature-Based Curriculum is a comprehensive guide to implementing Book Club in your grade 3 through 6 classroom. The handbook includes an introduction to the program, teaching tips, and five teaching units with detailed lesson plans.
Book Club Plus! A Literacy Framework for the Primary Grades offers practical advice on adapting Book Club methodology to any primary-grade classroom in any school district. Introductory chapters cover such topics as content and curriculum, writing, talk in the classroom, assessment and classroom management.
Book Club for Middle School contains everything you need to adapt Book Club to your middle school classroom (grades 6 through 8). The handbook outlines the program components, discusses the specific needs of adolescent learners, and offers several fully developed teaching units.
Book Club Video is the perfect companion to the teacher's handbooks. Through classroom footage and interviews with program authors, it provides an overview of the Book Club program, examples of how it works with real students, and tips from experienced teachers.
Book Club Novel Guides provide teaching units based on the best literature for young readers, from time-honored classics to the most recent Newbery Award winners. Novel guides provide background information about each book, detailed daily lesson plans, and blackline masters.
Since most U.S. states have now adopted the Common Core State Standards (CCSS), Book Club teachers must be prepared to correlate their instruction to these standards. Fortunately, Book Club provides many opportunities to integrate the CCSS. This chart provides tips for covering the Grade 5 CCSS for English Language Arts in the context of a Book Club unit.
The charts show standards that are covered in the units as written, but Book Club lessons are flexible and may be enhanced with further instruction in particular standards as needed.
There are many decisions to make when using the Book Club program. This chapter is not intended to make those decisions for you but to provide you with information that will help you make your own decisions. Each teacher using the program will need to evaluate the issues and come up with answers that work in his or her own classroom. However, those of us who have been doing Book Club for a while have some suggestions for you to consider. The issues you will need to think about as you begin to implement Book Club include literature selection, grouping students, daily instruction, reading aloud, developing a special classroom library, and inclusion of special-needs students. Our suggestions will help you think about each issue more fully and will let you in on the things that have worked for us over time.
Selecting appropriate books to use for Book Club is very important to the success of the program. You'll want to choose "quality literature"—books that are well written—but you should also consider several additional factors. These factors include potential for discussion, the background of your students, readability, curriculum, and availability.
First, and most importantly, a book should have potential for discussion. Look for books that raise some interesting questions or issues that students will want to talk about. When children read books that address serious, real-life issues, they can discuss and form opinions about these complex issues. At the same time, we would caution you to consider the developmental appropriateness of a book, since some issues are simply not appropriate for young readers. Many picture books today, while relatively easy to read, present very complex and mature issues. Books such as Hiroshima No Pika (Maruki, 1980) and Pink and Say (Pollaco, 1994) deal with serious issues that many lower elementary students could not handle. Even some fourth- and fifth-grade students struggle with the content. Use your own discretion when determining developmentally appropriate material for your students. You alone know your class and are best able to judge the kinds of materials they can handle.
Your own experience with a book will affect your success in using it for Book Club. When you use a book that you have read with students before, or a book that you have simply read and loved, your passion for the book will encourage students to look for the good in it. If you really love a book, your class will be able to tell, and they'll probably like it, too.
Another factor to consider when selecting literature is content. The book's content should be something about which students have some prior knowledge. If you want students to make connections to books, they need to know something about the topic from the start. In some cases, you may decide to provide this knowledge in a brief unit on the topic of the story, thereby providing your students with the appropriate knowledge base.
Readability is another factor to think about. You should select a book that most of the students in your class can read. Since most classrooms contain a wide range of reading abilities, we suggest that you look for a book at your grade level. You can provide support to lower-ability readers in many ways, since you'll probably have students who cannot read the text independently. Students reading above level can supplement their reading with other books by the same author or within the same theme.
Yet another concern deals with curriculum. Book Club integrates very easily with other content areas. It's fairly easy to find books focusing on many social studies and science topics, and to build a unit focusing first on content building, then on literature with Book Club. Therefore, when you select literature, think about the curriculum or unit topic with which you may want to integrate Book Club. The Lesson Plans section in the Book Club guides contain sample units along with many suggested book titles and theme links.
Lesson plans form the instructional core of the Book Club program. The lesson plans in Book Club: A Literature-Based Curriculum, Book Club for Middle School, and in the individual Book Club Novel Guides were developed by teacher-researchers during eight years of classroom research.
The Book Club lesson plans are built around high-quality children's literature such as Hatchet by Gary Paulsen. These books all touch upon important topics such as prejudice, respect, survival, and kindness. The Book Club handbooks provide lesson plans for individual titles, author study units, and multi-book units with underlying themes.
In schools today we hear a lot about giving children choices within which their learning can occur. In the Book Club program, we allow choice through the literature students choose to read, their written responses, and their membership in book club discussion groups. Multi-book units, in which each small group reads a different book that the children have selected, give students the greatest amount of choice and are thus a natural extension of Book Club. However, introducing too many choices overwhelms students just beginning the program. We've found it best to limit choices at first and then gradually allow more freedom as the year progresses.
Over the course of the year, we expand students' choice to include literature selection by moving to multi-book units in which four or five thematically or topically related books are offered as reading options. The children enjoy having a say in the choice of literature, and they feel motivated to read books that they've chosen themselves. They also gain several additional advantages in multi-book units. First, they are encouraged to develop and articulate their individual tastes in literature. Second, by hearing about the books their peers are reading, students are exposed to other texts that they may, in turn, decide to read themselves. Last, as several related titles are discussed in the classroom, students learn to make intertextual connections, relating ideas from their own reading to the books read by their peers. These intertextual connections help children construct meaning about the theme or topic and enhance content-area learning.
There are many methods that teachers use to select themes for classroom study. Themes can take all year to develop, can connect to subject-matter learning, can exist within a grading period, or can simply be tied to a particular set of books. For example, for the year-long theme "Survival requires adaptation," you might focus units on American colonization, species adaptation, and the Civil War — all of which help children develop the theme. (For further reading about theme/topic selection, see Lipson, Valencia, Wixson and Peters, 1993, cited in the Bibliography.) The same methods that you use to select themes for other areas of instruction can be applied to Book Club, and especially to multi-book units.
Parallel to identifying a theme for study, you'll need to consider the curriculum needs of your students. There are several curricular foci for teaching through the Book Club program. During theme-based, multi-book units, students will learn about content, literature, and literacy. First, there may be general content knowledge that you want your students to gain. This content will be reflected in the theme or topic of the unit (e.g., civil rights, the Civil War, ecosystems, the life cycle). Second, your students will learn about literature as they read various titles and genres. Finally, there will be literacy curricular content in the areas of language conventions, literary elements, comprehension, and response to literature.
Multi-book units provide as many advantages for teachers as they do for students. Instruction becomes more meaningful and more relevant when the students share a variety of books about a theme or topic. It can be easier to facilitate discussions in which children are eager to share their own book and use that book to develop an issue or idea with the whole class. Despite these advantages, though, multi-book units can be challenging to create and to teach. Book Club: A Literature-Based Curriculum and Book Club for Middle School provide suggestions and ideas to help you implement multi-book units in your classroom.
It's always a challenge to start a new instructional program with your class. Here are a couple of specific curriculum questions addressed that beginning Book Club teachers often ask us.
How can I make cross-curricular links in the Book Club program?
Select books, both fiction and nonfiction, that deal with content-area material.
Encourage students to make intertextual links between Book Club books and the materials they're reading in other subject areas.
Build a special classroom library with books in the content areas that are also related to the Book Club books you're using.
Use community share as an opportunity to point out cross-curricular connections and to model intertextual links.
Create thematic or topical units that involve content-area studies and related Book Club readings.
Include research components in Book Club units to increase the depth of students' understanding about content.
Use a teacher read-aloud book as a way to link Book Club with a content-area discussion.
How can I integrate inquiry-based learning with Book Club?
To build background knowledge, have students complete an inquiry or research phase before they start the Book Club phase of a thematic unit.
Tell students the topic of the Book Club book they will be reading, and have them develop a list of related questions to research.
Develop an inquiry unit to follow the Book Club phase and have students explore questions that arose during their Book Club readings.
Divide students into their book club groups for the inquiry phase, so they can work together as research teams.
Include books related to the inquiry questions in the special classroom library.
Create a bulletin-board display of the information students have collected during the inquiry phase, and refer back to this information as students read the Book Club book.
Draw on parents and community members as resources for interviews about topics related to a Book Club theme.
Each Book Club teacher handbook contains blackline masters or "think sheets" that you can copy and distribute to your students.
Think sheets give students a starting point for responding to their reading and for writing log entries that will inspire rich book club discussions. You'll probably find that think sheets are most helpful at the beginning of the year, when students are just getting used to Book Club and learning what kinds of written responses are appropriate. The think sheets provided are some of the most basic ones that we've used in our classrooms. You'll certainly be creating your own think sheets as you tailor the Book Club program to the needs of your own students, but we hope that the ones in the books will help you get started.
The Think Sheet blackline masters include: Needs and Wants, Strategies for Wonderful Words, Fantasy Genre Chart, KWL Chart, Character Map, Story Elements Chart, Conflict Chart, Understanding Setting, Tripod Response Options, Questions for My Book Club, Charting Imagery and Symbolism, Revision Checklist, Denotation/Connotation, Euphemism, Analyzing Setting, Foreshadowing, Problem/Solution Chart, Summary Sheet, KWL Chart, and many more.
New ideas about literacy—such as the social constructivist and reader response theories discussed above—have already led to changes in the way we teach. It's often tempting, however, to resort to the same old assessment techniques to measure students' achievement and progress. The problem with this is that traditional tests, in particular, not only fail to reflect the new goals of literacy instruction but often stand in the way of reaching these goals.
When reading was seen as a collection of isolated skills, it made sense to test reading achievement by checking students' mastery of these discrete skills. In the context of our new understanding of reading, however, a focus on low-level skills no longer shows all that our students are learning. Worse, it sends a message to students that we value these skills more highly than the more authentic literacy events that take place in the classroom, because the results of such assessments can determine their grades, their placement in particular groups, or even their participation in special programs.
Thus, a dangerous gap exists between current instructional goals and the outmoded assessment methods still used to gauge the success of our instruction. Further complicating the matter, many districts continue to emphasize the standardized tests that equate literacy with the mastery of discrete skills. However, many educators have developed models that align assessment with instruction in today's classrooms. Two of the most prominent new approaches to emerge from this research are portfolio assessment and performance-based assessment.
A student portfolio serves the same purpose as that of a professional artist or photographer. It provides samples of the student's best work at a particular moment in time. A typical portfolio would contain writing samples, art work, a student's own evaluations of his or her work, and so on. Portfolios have a number of advantages over traditional tests. Perhaps the most important of these is that portfolios reflect the true nature of learning, which involves many trials and errors on the road to one's "best work."
Tests create very unnatural situations in which students have one shot at coming up with predetermined right answers. The process of developing a portfolio, on the other hand, encourages students to stretch themselves, to try new things, and not to be afraid of making mistakes as they learn new skills. Students have time to reflect upon their work and the progress they are making, revise earlier entries in their portfolios, and develop new ones.
A second advantage of portfolios over traditional assessments is their flexibility. A portfolio can contain samples of a student's work from many different types of activities, including the complex activities associated with literature discussions. A student in the Book Club program, for example, might include in his or her portfolio an audio tape of a book club discussion along with an evaluation form on which the student has commented about what he or she did well in the discussion and what could be improved. This gives you a much richer source of information about the student than a list of responses to comprehension questions. Portfolios also allow you to collect data at any time by drawing on your students' ongoing work. This form of assessment provides an excellent general picture of a student's evolving skills.
Portfolio assessment does have some weaknesses, however. First, it does not facilitate in-depth analysis of students' work in any particular area. While a broad sampling of work in many areas provides a good overview of a student's progress, the amount of data potentially contained in a portfolio could become so overwhelming that you would not have time to evaluate any of it very deeply. Second, portfolio assessment offers few clearly defined scoring guidelines. Thus there is little data available for comparing different students' work or for comparing one student's work at different times of the year.
Performance-based assessment shares some features with portfolio assessment. Both involve collecting a range of materials that demonstrate students' abilities in reading, writing, and discussing. Both methods draw these materials from authentic literacy activities. Performance-based assessment, however, is based on more controlled literacy 'events' from which you can create a detailed portrait of each of your students at a particular point in time.
A typical performance-based assessment takes place in the context of a one-week unit similar to the instructional units of your regular curriculum. The assessment unit engages your students in all of the activities that they normally do in the classroom, from which you gather specific information to assess their achievement.
Performance-based assessment offers the advantages of clearly defined scoring criteria and in-depth analysis of your students' work. It's relatively easy for you to compare different students' performances and to compare a single student's work across time. On the other hand, performance-based assessment is time- and labor-intensive for the teacher. You must prepare for the assessment in advance, and you must analyze your data afterward. Since the assessment is part of a structured unit, data collection is less flexible and occurs only during the specific days or weeks set aside for assessment events.
Avi. The Fighting Ground. New York: Harper & Row, 1987.
Babbitt, Natalie. Tuck Everlasting. New York: Farrar, Straus and Giroux, 1975.
Beatty, Patricia. Jayhawker. New York: William Morrow Co., 1991.
Bellairs, John. The Trolley to Yesterday. New York: Dial Books for Young Readers, 1989.
Boston, Lucy M. The Children of Green Knowe. San Diego: Harcourt Brace and Co., 1989.
Bradbury, Ray. The Halloween Tree. New York: Knopf Books for Young Readers, 1988.
Bruchac, Joseph. Gluskabe and the Four Wishes. New York: Cobblehill Books/Dutton, 1995.
Bunting, Eve. Smoky Night. San Diego: Harcourt Brace, 1994.
Burnford, Sheila. The Incredible Journey. New York: Bantam Doubleday Dell Books for Young Readers, 1996.
Choi, Sook Nyul. Year of Impossible Goodbyes. Boston: Houghton Mifflin Co., 1991.
Collier, James L. and Christopher Collier. My Brother Sam Is Dead. New York: Scholastic, 1985.
Cooke, John P. The Lake New York: Avon Books, 1989.
Creech, Sharon. Absolutely Normal Chaos. New York: HarperCollins Children's Books, 1995.
. Chasing Redbird. New York: HarperCollins Publishers, 1997.
. Pleasing the Ghost. New York: HarperCollins, 1996.
. Walk Two Moons. New York: HarperCollins, 1994.
Curtis, Christopher P. The Watsons Go to Birmingham—1963. New York: Bantam Doubleday Dell Books for Young Readers, 1995.
Cushman, Karen. The Midwife's Apprentice. New York: HarperCollins Children's Books, 1996.
Fox, Paula. Monkey Island. New York: Orchard Books, 1991.
Fry, Virginia L. Part of Me Died, Too: Stories of Creative Survival Among Bereaved Children and Teenagers. New York: Dutton Children's Books, 1995.
George, Jean Craighead. Julie of the Wolves. New York: HarperCollins, 1996.
Griffin, Peni R. Switching Well. New York: Puffin Books, 1994.
Juster, Norton. The Phantom Tollbooth. New York: Knopf Books for Young Readers, 1988.
Lasenby, Jack. The Mangrove Summer. Auckland, N.Z.: Oxford University Press, 1988.
L'Engle, Madeleine. Many Waters. New York: Farrar, Straus and Giroux, 1986.
. A Swiftly Tilting Planet. New York: Dell Publishing Co., 1981.
. A Wind in the Door. New York: Farrar, Straus and Giroux, 1973.
. A Wrinkle in Time. New York: Dell Publishing Co., 1996.
Lewis, C. S. The Lion, the Witch, and the Wardrobe. New York: HarperCollins Children's Books, 1994.
Lowry, Lois. The Giver. Boston: Houghton Mifflin Co., 1993.
. Number the Stars. New York: Dell Publishing Co., 1996.
. A Summer to Die. New York: Bantam Books, 1984.
Marrin, Albert. The War for Independence: The Story of the American Revolution. New York: Atheneum, 1988.
McKean, Thomas. The Secret of the Seven Willows. New York: Simon and Schuster Trade, 1991.
Naidoo, Beverley. Journey to Jo'burg: A South African Story. New York: HarperCollins Children's Books, 1988.
O'Dell, Scott. Island of the Blue Dolphins. New York: Dell Publishing Co., 1994.
. Sarah Bishop. New York: Scholastic, 1991.
. Sing Down the Moon. New York: Bantam Doubleday Dell Books for Young Readers, 1992.
Paterson, Katherine. Bridge to Terabithia. New York: HarperCollins Children's Books, 1996.
. The Great Gilly Hopkins. New York: HarperCollins Children's Books, 1987.
. Jacob Have I Loved. New York: HarperCollins Children's Books, 1990.
. Park's Quest. New York: Puffin Books, 1989.
Paulsen, Gary. Brian's Winter. New York: Bantam Doubleday Dell Books for Young Readers, 1996.
. Hatchet. New York: Viking Penguin, 1988.
. The River. New York: Dell Publishing Co., 1993.
. The Voyage of the Frog. New York: Orchard Books, 1989.
Pitts, Paul. Racing the Sun. New York: Avon Books, 1988.
Rylant, Cynthia. Missing May. New York: Dell Publishing Co., 1993.
Smith, Doris B. A Taste of Blackberries. New York: HarperCollins Children's Books, 1988.
Speare, Elizabeth G. Sign of the Beaver. New York: Bantam Doubleday Dell Books for Young Readers, 1995.
Spinelli, Jerry. Crash. New York: Random House Books for Young Readers, 1996.
. Maniac Magee. New York: HarperTrophy, 1990.
. There's a Girl in My Hammerlock. Old Tappan, NJ: Simon and Schuster Children's, 1993.
. Who Put That Hair in My Toothbrush? New York: Little, Brown and Co., 1994.
Taylor, Mildred D. The Friendship and The Gold Cadillac. New York: Bantam Doubleday Dell Books for Young Readers, 1987.
. Let the Circle Be Unbroken. New York: Puffin Books, 1991.
. Mississippi Bridge. New York: Dial Books for Young Readers, 1990.
. The Road to Memphis. New York: Puffin Books, 1992.
. Roll of Thunder, Hear My Cry. New York: Puffin Books, 1991.
. Song of the Trees. New York: Bantam, 1984.
. The Well: David's Story. New York: Dial Books for Young Readers, 1995.
Thomas, Jane R. The Princess in the Pigpen. Boston: Houghton Mifflin Co., 1989.
Tsuchiya, Yukio. Faithful Elephants. Boston: Houghton Mifflin Co., 1988.
Uchida, Yoshiko. Journey Home. New York: Maxwell Maximillian International, 1992.
Wiseman, David. Jeremy Visick. Boston: Houghton Mifflin Co., 1990.
Woodruff, Elvira. George Washington's Socks. New York: Scholastic, 1993.
Woodson, Jacqueline. Between Madison and Palmetto. New York: Dell Publishing Co., 1995.
. Last Summer with Maizon. New York: Dell Publishing Co., 1990.
. Maizon at Blue Hill. New York: Dell Publishing Co., 1994.
Yates, Elizabeth. Amos Fortune, Free Man. New York: Puffin Books, 1989.
McMahon, Susan I., and Taffy E. Raphael, with Virginia J. Goatley and Laura S. Pardo. The Book Club Connection: Literacy Learning and Classroom Talk. New York: Teachers College Press, 1997.
Raphael, Taffy E., and Elfrieda H. Hiebert. Creating an Integrated Approach to Literacy Instruction. Ft. Worth, TX: Harcourt Brace, 1996.
Goatley, V. J. (1996). "The Participation of a Student Identified as Learning Disabled in a Regular Education Book Club: The Case of Stark." Reading and Writing Quarterly 12, 195-214.
Goatley, V. J., and J. Levine (1997). "Participating in Student-Led Book Clubs: The Case of Jennifer." Language and Literacy Spectrum 7, 14-18.
Goatley, V. J., C. H. Brock, and T. E. Raphael (1995). "Diverse Learners Participating in Regular Education 'Book Clubs.' " Reading Research Quarterly 30(3), 353-380.
Goatley, V. J., K. A. Highfield, J. Bentley, J. Folkert, P. Scherer, T. E. Raphael, and K. Grattan (1994). "Empowering Teachers to Be Researchers: A Collaborative Approach." Teacher Research: A Journal of Classroom Inquiry 1(2), 128-144.
McMahon, S. I. (1994). "Student-Led Book Clubs: Transversing a River of Interpretation." The New Advocate 7(2), 109-126.
Raphael, T. E., and S. I. McMahon (1994). "'Book Club': An Alternative Framework for Reading Instruction." The Reading Teacher 48(2), 102-116.
Raphael, T. E., V. J. Goatley, D. A. Woodman, and S. I. McMahon (1994). "Collaboration on the Book Club Project: The Multiple Roles of Researchers, Teachers, and Students." Reading Horizons 34(5), 381-405.
Raphael, T. E., and V. J. Goatley (1994). "The Teacher as 'More Knowledgeable Other': Changing Roles for Teaching in Alternative Reading Instruction Programs." In C. Kinzer and D. Leu (eds.), Multidimensional Aspects of Literacy Research, Theory and Practice (pp. 527-536). Chicago, IL: National Reading Conference.
Book Club: A Literature-Based Curriculum. Directed by Buzz Linnehan. Videotape (VHS). Littleton, MA: Small Planet Communications, 1997.
Almasi, J. F. (1995). "The Nature of Fourth Graders' Sociocognitive Conflicts in Peer-Led and Teacher-Led Discussions of Literature." Reading Research Quarterly 30(3), 314-351.
Alvermann, D. E., J. P. Young, D. Weaver, K. A. Hinchman, D. W. Moore, S. F. Phelps, E. C. Thrash, and P. Zalewski (1996). "Middle and High School Students' Perceptions of How They Experience Text-Based Discussions: A Multicase Study." Reading Research Quarterly 31(3), 244-267.
Cazden, C. Classroom Discourse: The Language of Teaching and Learning. Portsmouth, NH: Heinemann, 1988.
Gavelek, J. R., and T. E. Raphael (1996). "Changing Talk About Text: New Roles for Teachers and Students." Language Arts 73(3), 24-34.
McMahon, S. I., and V. J. Goatley (1995). "Fifth Graders Helping Peers Discuss Texts in Student-Led Groups." Journal of Educational Research 89 (1), 23-35.
Paratore, Jeanne R. and R. McCormack (eds.). Peer Talk in the Classroom: Learning from Research. Newark, DE: International Reading Association, 1997.
Raphael, T. E., S. I. McMahon, V. J. Goatley, J. L. Bentley, F. B. Boyd, L. S. Pardo, and D. A. Woodman (1992). "Reading Instruction Reconsidered: Literature and Discussion in the Reading Program." Language Arts 69, 54-61.
Roser, N., and M. Martinez (eds.). Supporting Children's Responses to Literature: Book Talk and Beyond. Newark, DE: International Reading Association, 1995.
Short, K. G., and K. M. Pierce. Talking About Books: Creating Literate Communities. Portsmouth, NH: Heinemann, 1990.
Wells, G. (1990). "Talk About Text: Where Literacy Is Learned and Taught." Curriculum Inquiry 20(4), 369-405.
Au, K. H., J. A. Scheu, A. J. Kawakami, and P. A. Herman (1990). "Assessment and Accountability in a Whole Literacy Curriculum." The Reading Teacher 43, 574-578.
Linn, R. L., E. L. Baker, and S. B. Dunbar (1991). "Complex, Performance-Based Assessment: Expectations and Validation Criteria." Educational Researcher 20, 15-21.
Paris, S., R. Calfee, N. Filby, E. Hiebert, P. D. Pearson, S. Valencia, and K. Wolf (1992). "A Framework for Authentic Literacy Assessment." The Reading Teacher 46(2), 88-98.
Tierney, R. J., M. A. Carter, and L. E. Desai. Portfolio Assessment in the Reading-Writing Classroom. Norwood, MA: Christopher-Gordon, 1991.
Valencia, S. (1990). "A Portfolio Approach to Classroom Reading Assessment: The Whys, Whats, and Hows." The Reading Teacher 43(4), 338-340.
Hoffman, J. V. (1994). "Literature to Inquiry: Bridging Aesthetic and Efferent Responses in Thematic Teaching." Presentation at the Michigan Reading Association Conference, Grand Rapids, MI, March 1994.
Ogle, D. M. (1986). "K-W-L: A Teaching Model That Develops Active Reading of Expository Text." The Reading Teacher 39(6), 564-570.
Bauer, Caroline Feller. Presenting Reader's Theater: Plays and Poems to Read Aloud. Bronx, NY: H. W. Wilson, 1987.
Gavelek, J. R. "The Social Context of Literacy and Schooling: A Developmental Perspective." In T. E. Raphael (ed.), The Contexts of School-Based Literacy (pp. 3-26). New York: Random House, 1986.
Goatley, V. J., and T. E. Raphael (1992). "Non-traditional Learners' Written and Dialogic Response to Literature." In C. K. Kinzer and D. J. Lea (eds.), Literacy Research, Theory, and Practice: Views from Many Perspectives. Forty-first yearbook of the National Reading Conference (pp. 313-323). Chicago: National Reading Conference.
Lane, Barry. After "The End": Teaching and Learning Creative Revision. Portsmouth, NH: Heinemann, 1993.
Langer, J. A. "Literacy and Schooling: A Sociocognitive Perspective." In E. H. Hiebert (ed.), Literacy for a Diverse Society (pp. 9-72). New York: Teachers College Press, 1991.
Lipson, M. Y., S. W. Valencia, K. K. Wixson, and C. W. Peters (1995). "Integration and Thematic Teaching: Integration to Improve Teaching and Learning." Language Arts 70, 252-263.
Pardo, L., and T. E. Raphael (1991). "Classroom Organization for Content Area Instruction." The Reading Teacher 44, 556-565.
Rabbit Ears Radio: Program listings are available at the website of WEOS, public radio from Hobart and William Smith Colleges: http://hws3.hws.edu:9000/weos/Rabbit.html. You can order tapes from the Public Radio Music Source, 1-800-75-MUSIC (1-800-756-8742).
Raphael, T. E., and C. H. Brock. "Mei: Learning the Literacy Culture in an Urban Elementary School." In D. J. Leu and C. K. Kinzer (eds.), Examining Central Issues in Literacy Research, Theory, and Practice (pp. 179-188). Chicago: National Reading Conference, 1993.
Raphael, T. E., and C. S. Englert (1990). "Writing and Reading: Partners in Constructing Meaning." The Reading Teacher 43, 388-400.
Schloss, P. J. (1992). "Mainstreaming Revisited." The Elementary School Journal 92(3), 233-244.
Shepard, Aaron (ed.). Stories on Stage: Scripts for Reader's Theater. Bronx, NY: H. W. Wilson, 1993.
Short, K. G., and L. Kahn (1992). "The Literature Circles Project." A paper presented during K. Jongsma (Chair) symposium Understanding and Enhancing Literature Discussion in Elementary Classrooms. San Antonio, TX: National Reading Conference.
Sierra, Judy. Multicultural Folktales for the Feltboard and Readers' Theater. Phoenix, AZ: Oryx Press, 1996.

matches: V. V. V. V. V. V. V. V. V. V.


text:
In In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, No. 12-4671 (2nd Cir. June 30, 2016, the U.S. Court of Appeals for the Second Circuit reversed the district court’s approval of a settlement of antitrust class actions brought a decade ago by millions of merchants against Visa and MasterCard. In the original actions in the district court, plaintiffs alleged that the networks’ interchange fee and other rules were illegal restraints in violation of the Sherman Act. After years of litigation, the parties reached a settlement that would have released all claims in exchange for monetary relief of up to $7.25 billion—the largest antitrust cash settlement in history—and injunctive relief relating to future conduct. The re-opening of the settlement will result in further delay in resolution of a litigation involving the disparate interests of millions of retailers.
In Cottrell v. Duke, No. 15-1869 (8th Cir. July 22, 2016), owners of shares of Wal-Mart Stores, Inc. (Wal-Mart) sued directors and officers of the corporation, accusing them of breaking state and federal law by permitting and then covering up pervasive bribery committed on behalf of Wal-Mart’s Mexican subsidiary, Wal-Mart de Mexico (Wal-Mex). Because the shareholders sought to enforce rights belonging to Wal-Mart, Federal Rule of Civil Procedure 23.1 required them to explain why they did not first ask the board of directors to cause the corporation to pursue the suit itself. The shareholders claimed it would have been futile to go to the board with such a demand because a majority of the directors would face “‘a substantial likelihood’” of personal liability from a lawsuit brought by the corporation. The Court agreed with the district court that the shareholders’ allegations were insufficient because they did not support “reasonable factual inferences,” that a majority of the directors learned of the suspected bribery before word of a New York Times investigation got out and Wal-Mart began scrambling to do what it allegedly should have been doing from the beginning. The shareholders had not identified any particular meetings or reporting between Hernandez, the audit committee, and the rest of the board, either individually or as a whole. Instead, the Court concluded, “they ask this court first to assume that Hernandez made such reports, because he was supposed to under the audit committee charter, and then to rely on the same reporting obligation to draw further inferences about what his hypothesized reports said. That is more than the Delaware decisions can support.” The Court therefore affirmed the dismissal of the complaint.
In In re Deutsche Bank AG Sec. Litig., No. 09 cv 1714 (DAB) (S.D. N.Y. July 25, 2016), after several failed attempts to assert Section 11 claims against an issuer for several securities offerings between 2006 and 2008, plaintiffs finally were able to adequately allege that the issuer—which had significant holdings of mortgage-backed securities and collateral debt obligations—failed to disclose its exposure to risk from the falling mortgage-based securities market for two offerings in November 2007 and February 2008. Denying in part the defendants’ motion to dismiss, District Judge Batts held that the plaintiffs plausibly alleged facts sufficient to show that the issuer, by the fall of 2007, knew of trends or uncertainties that would be reasonably likely to have a material impact on the issuer. By failing to disclose such trends or uncertainties in the offering materials, the issuer failed to satisfy its duty under Item 303 of Regulation S-K. The court ruled that disclosures in the company’s SEC filings were too generic and unconnected to the company’s financial position to fulfill its duty under Item 303.
In KBC Asset Management NV v. 3D Systems Corp., No. 0:15-CV-02393-MGL (D. S.C. July 25, 2016), an investor serving as lead plaintiff was able to adequately allege securities fraud claims that the defendants made statements that misled the market about the progress of an acquisition strategy and the ongoing strength of the company. Denying the defendants’ motion to dismiss, District Judge Lewis held that the plaintiff had identified several alleged misrepresentations and omissions concerning the company’s manufacturing capacity, product quality, sales and revenue growth projections, inventory control, and booking and shipping practices with adequate particularity. The statements and omissions were material because they would have altered the total mix of information available to investors. Contrary to the defendants’ position, not all of the alleged statements were forward-looking, and therefore the PSLRA’s safe harbor did not apply.
In Menzies v. Seyfarth Shaw LLP, No. 15 C 3403 (N.D.Ill. July 15, 2016), a plaintiff who allegedly was defrauded into using a tax avoidance scheme in an ultimately unsuccessful attempt to avoid capital gains taxes—leaving him with a tax bill for over $10 million—failed to adequately allege a pattern of racketeering. Dismissing the RICO claims with leave to replead, District Judge Blakey held that, though the plaintiff had alleged complex transactions involving multiple acts of mail and wire fraud over a substantial period, he had alleged only a single scheme with a single victim. Any amended complaint would be assessed with a view to whether the plaintiff alleged the existence of other victims or the manner in which he or others suffered distinct injuries resulting from the alleged scheme.
In In re Bear Sterns Companies, Inc. Securities, Derivative and ERISA Litigation, Master File No. 08 MDL 1963 (RWS) (S.D. N.Y. July 25, 2016), the Southern District of New York rejected the materialization of the risk “leakage” theory of loss causation. It found that the leakage theory is not generally accepted by the courts or the scientific community, and that plaintiff’s expert’s methodology was fatally flawed because it failed to adequately account for the impact of non-fraud related information. Plaintiff’s expert’s report that relied on the leakage theory of loss causation was excluded. However, even though plaintiff failed to establish loss causation via the leakage theory, the court found that there was a genuine issue of material fact with respect to loss causation as a result of the alleged corrective disclosures.
In SEC v. Goldstone, No. 12-0257 (D. N.M. June 13, 2016), the U.S. Securities and Exchange Commission (SEC) brought an enforcement action alleging securities fraud against the former officers of the now defunct Thornburg Mortgage, once the second largest independent mortgage company in the country. The SEC claimed the defendants intentionally misrepresented the financial state of the company in its annual filings with the agency in 2008. The defendants moved to prevent the government from introducing any evidence at trial about the defendants’ wealth, and to exclude evidence about their salaries from 2007 to 2009. The court granted the motion in part, excluding all evidence of assets as irrelevant to the dispositive issues in the case. However, the court ruled that it would allow evidence on income because the defendants “earned high salaries, dividends on earnings and bonuses which were directly dependent upon the inflated numbers and financial data that they allegedly misrepresented.” As such, the probative value of the income evidence outweighed the potential prejudicial effect to the defendants.
In Meyer v. Kalanick, No. 15 Civ. 9796 (S.D.N.Y July, 29, 2016), the Defendant, Uber, filed a motion to compel arbitration in an anti-trust lawsuit, arguing that the plaintiff consented to binding arbitration when he registered to use the mobile ride-sharing application. At issue is whether the contract provided the plaintiff with “reasonably conspicuous notice” of the contract terms and whether the plaintiff manifested assent to those terms. The court ultimately concluded that the manner in which Uber presented its “Terms of Service” did not put the plaintiff on notice that by using the application, he agreed to binding arbitration, effectively waiving his right to a jury trial. In particular, the court noted the following deficiencies in Uber’s registration process: (1) the plaintiff’s consent to the contract terms, including the arbitration clause, was not a condition of using the Uber application; (2) the contract terms did not appear on the user’s screen and could only be accessed by clicking through two sets of hyperlinks; and (3) the size and placement of the hyperlink to the user agreement was considerably less prominent than other prompts on the registration screen. Therefore, the court held that the arbitration clause was not binding on the plaintiff, finding that Uber failed to provide reasonable notice of contract terms.
In Jeter v. Revolutionwear, Inc., C.A. No. 11706-VCG (Del. Ch. July 19, 2016), Vice Chancellor Glasscock of the Delaware Chancery Court said that the “unique marketing strategy” involved in this case provided “a cautionary tale of the mixing of roles in a corporate-governance setting.” Revolutionwear Inc. brought Yankee shortstop Derek Jeter into the company as a 15% owner and director in order to use Jeter’s position in the company as a marketing tool. Jeter made representations in his Director Agreement that he would allow Revolutionwear to promote his role with the company, and that such marketing would not conflict with his pre-existing contract with Nike. The company alleged that Jeter nevertheless refused to allow a pledged promotional press release, and that Jeter’s material representations regarding the Nike contract were false. It also alleged that Jeter tried to use his position as director to promote his own business interests and get control of the company.
In In re Riverstone National Inc. Shareholder Litigation, Consol. C.A. No. 9796-VCG (Del. Ch. July 28, 2016), the Chancery Court of Delaware allowed ex-shareholder plaintiffs’ suit to go forward against directors who allegedly facilitated a merger that extinguished a derivative shareholder action against them for usurpation of a corporate opportunity. The plaintiffs adequately pleaded that the directors received a material benefit from the merger that was not shared by the common stockholders, and that the entire fairness standard applied to the merger. Defendants’ motion to dismiss was denied.
In In re Xoom Corp. Shareholder Litigation, Consol. C.A. No. 11263-VCG (Del. Ch. Aug. 4, 2016), the Chancery Court awarded $50,000 in attorneys’ fees to plaintiffs who had requested $275,000 for bringing a stockholder lawsuit that resulted in four supplemental disclosures, mooting those claims. The Court noted that in such mootness cases, where other class members are not precluded from bringing suit, the standard is benefit to the class, not materiality; here, the disclosures produced a “modest benefit” to stockholders. The plaintiffs voluntarily dismissed the action with prejudice as to the plaintiffs only, reserving the right to a mootness fee. Plaintiffs then filed an application requesting $275,000 in fees for 63 attorney hours, or approximately $4100 per hour. The court awarded fees of approximately $800 per hour.
In Sandquist v. Lebo Automotive, No. S220812 (Cal. July 28, 2016), the plaintiff was a former employee of the Defendant, Lebo Automotive, where he worked as a car salesman. As a condition of employment, he signed a contract in which he agreed to arbitrate disputes arising out of his employment with the company. In 2012, the plaintiff filed suit alleging racial discrimination “on behalf of a class of current and former employees of color.” The parties disputed whether a court or an arbitrator had jurisdiction to decide if class-wide arbitration was permissible in this case where the agreement was ambiguous. Relying on long-standing rules of contract interpretation, the Supreme Court of California held that an arbitrator must decide the question on the availability of class-wide arbitration.
Return to the top of the Highlights section.

matches: v. v. v. v. v. v. v.


text:
State sovereignty is front and center in Franchise Tax Board of California v. Hyatt. This case is before the U.S. Supreme Court for (possibly a record-breaking) third time. This time the Supreme Court will decide whether to overrule Nevada v. Hall (1979), which permits a state to be sued in the courts of another state without its consent. In Hyatt II (2016), the Supreme Court deadlocked 4-4 on this question shortly after Justice Scalia died.
The Fifth Amendment’s Double Jeopardy Clause, which prohibits a person from being prosecuted more than once for the same conduct, is a familiar concept. Less familiar is the “separate sovereigns” exception which allows states and the federal government to convict and sentence a person for the same conduct. In Gamble v. United States, Terance Gamble asks the Supreme Court to overrule this exception.
Gamble was prosecuted for and convicted of possession of a firearm by a convicted felon under both Alabama and United States law. His challenge to the “separate sovereigns” exception is unsurprising given that Justice Thomas joined Justice Ginsburg’s concurring opinion in Puerto Rico v. Sanchez-Valle (2016), which suggested the Court do a “fresh examination” of the “separate sovereigns” exception. These Justices are on opposite ends of the ideological spectrum and typically don’t vote together in close cases.
The Supreme Court decides numerous difficult cases each term. It may be surprising that no issue has vexed the Court like whether probable cause to arrest someone means they can’t bring a First Amendment retaliation case. In Nieves v. Bartlett the State and Local Legal Center (SLLC) argues in an amicus brief (for the third time) that probable cause defeats First Amendment retaliation claims.
Russell Bartlett was attending Arctic Man, an Alaskan snowmobile race, when he declined to talk to Police officer Luis Nieves who was patrolling the large outdoor party. Officer Nieves later observed Bartlett yelling at a separate officer, Bryce Weight, and Weight pushing Bartlett away. Believing Bartlett posed a danger to Officer Weight, Officer Nieves arrested Bartlett. Bartlett alleges that Nieves said “bet you wish you had talked to me now” in the process of the arrest.
Bartlett sued Officer Nieves claiming Nieves arrested him in retaliation for his refusal to initially speak to Nieves in violation of the First Amendment. The district concluded there was probable cause to arrest Bartlett. All federal circuit courts to decide this issue except the Ninth Circuit have held that to bring a First Amendment retaliatory arrest case plaintiffs must be able to prove the absence of probable cause to arrest them, which Bartlett could do not in this case.
The nomination of Judge Brett Kavanaugh to the Supreme Court has touched off a battle between Republicans eager to reshape the court by moving Justice Anthony Kennedy’s “swing seat” to the right and Democrats desperate to ensure that any change is minimal. Much of the national conversation on a “Justice” Kavanaugh centers around his potential views on the social issues for which Kennedy was the swing vote, particularly abortion and overturning Roe v. Wade. Kavanaugh is something of an enigma on the issue: He stated at his confirmation hearing for the D.C. Circuit Court of Appeals that he was bound by Roe v. Wade as precedent. But he named Chief Justice Rehnquist (who dissented in Roe) as a judicial hero, and he voted to uphold restrictions on abortion in certain situations while on the lower court.
In Knick v. Township of Scott the Supreme Court will decide whether to overturn Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City (1985). In that case the Court held that before a takings claim may be brought in federal court, landowners must comply with state law procedures and remedies enacted to provide just compensation. The State and Local Legal Center (SLLC) amicus brief urges the Court to keep Williamson County.
As of the end of July, U.S. Supreme Court Justice Anthony Kennedy is retired. For many state and local governments he will be forever remembered as the justice who championed allowing online sales tax collection.
In March 2015, Kennedy wrote that the “legal system should find an appropriate case for this Court to reexamine Quill,” which held that businesses without a physical presence in the state did not have to collect sales tax. In his last majority opinion on the bench, South Dakota v. Wayfair, the Supreme Court overturned Quill.
As of the end of July, Justice Anthony Kennedy is retired. For states and local governments he will be forever remembered as the Justice who championed allowing online sales tax collection.
Numerous academics have complained about the Supreme Court frequently reversing lower court decisions that have denied police officers qualified immunity. In Sause v. Bauer the Court reversed (and remanded) a grant of qualified immunity.
In a unanimous per curiam (unauthored) opinion, the Supreme Court remanded this case back to the lower court to reconsider its decision granting qualified immunity to police officers who ordered a person to stop praying.

matches: v. v. v. v. v. v. v. v. v. v. v.


text:
Problem setting. Establishing a significant number of primary and secondary acts leads to a situation when adopted norms either coincide or regulate the same matter in different ways, or even contradict each other. Hence, there is a need to systematize the legislation through codification. The adoption of the Economic Code of Ukraine has become an important stage of development of economic law in Ukraine. Nevertheless, some controversies have not been regulated since that time. There are numerous collisions with norms of the Civil Code of Ukraine and some specialized laws.
Recent research and publications analysis. Economists such as O. V. Bryntsev, Ye. A. Hetman, D. V. Z adykhailo, V. K. Mamutov, V. V. Kudriavtseva, O. P. Podtserkovnyi et al. have considered the issue concerned with codification of legislation in their scientific papers. Nevertheless, this issue continues to be in the focus of attention, i.e. it is important for studying because problems of the sufficient and perfect content and systematization of the normative material still have not been solved.
Paper objective. The article objective is to analyse the state of current economic legislation of Ukraine and to form conceptual approaches to its further systematization, amendment, and modernization owing to codification.
Paper main body. Over the years of independence of Ukraine, codification as a form of development of legislation from the standpoint of its content and systematization has become a usual direction of legislative activity. However, a unified definition of a notion of codification still has not been enshrined in the domestic and foreign legal doctrines. Continuousness is one of the most important properties of a legislative process. Ongoing extension of social relations, which automatically cause emergence of new social relations, plays the role of a source for developing a legislative system.
A large number of legislative acts stipulate a need for systematization of the legislation. This may become primary or, maybe, exceptional legislative goal.
Nevertheless, systematization of economic relations, as well as economic legislation should occur according to an economic situation, taking into account private as well as public interests.
Conclusions of the research. A matter of the necessity of bringing business complexes into line with principal provisions of the ECU and certain directions of an economic and legal policy of the country is of considerable importance. Such coherence will enable to systematize and implement unified frameworks for forming the magnitude of the legislation of Ukraine.
In terms of their content, sectoral codification developments should combine private and public, short-term and long-term, tactic and strategic, commercial and non-commercial interests.
Abstract. The article considers various points of view on the essence of codification of economic legislation, legislative procedures, and its components and analyses a mechanism of codification. Having examined contemporary scientific approaches, the author has proven expediency of understanding codification as a process of systematization of legislation and a legal system as a whole. The author has researched general components of codification procedures.
economic legislation, systematization, systematization of economic legislation norms, specialization in legislative regulation, unification in legislative regulation, codification of economic legislation.
1. Hetman, Ye. A. (2012). Kodyfikatsiia zakonodavstva Ukrainy: zahalna kharakterystyka, osoblyvosti, vydy [Codification of Ukrainian legislation: general characteristics, features, types]. Kharkiv: Pravo [in Ukrainian].
2. Hetman, Ye. A. (2008). Kodyfikatsiia yak forma systematyzatsii zakonodavstva Ukrainy [Codification as a form of systematization of Ukrainian legislation]. Problemy zakonnosti – Problems of legality, 99, 228–236 [in Ukrainian].
3. Mamutov, V. K. (2003). Ekonomika i pravo [Economics and Law]. Kiev: Yurinkom Inter [in Russian].
4. Bryntsev, O. V. (2016). Meta i pryntsypy rekodyfikatsii ekonomichnoho zakonodavstva Ukrainy [The Purpose and Principles of Recodification of Economic Legislation of Ukraine]. In 25 rokiv hospodarskii yurysdyktsii v Ukraini: dosvid ta perspektyvy: Vseukr. nauk.-prakt. konf [25 years of economic jurisdiction in Ukraine: experience and perspectives: All-Ukrainian scientific and practical conference]. Kharkiv: Pravo [in Ukrainian].
5. Zadykhailo, D. V. (2014). Ekonomichna vlada ta ekonomichne narodovladdia: problema pravovoi rehlamentatsii [Economic power and economic democracy: the problem of legal regulation]. Pravo ta innovatsii – Law and Innovation, 1–2(5–6), 5–11. Retrieved from http://www.rusnauka.com/16_NPRT_2009/Pravo/47769.doc.htm [in Ukrainian].
6. Z adykhailo, D. V. (2010). Kodyfikatsiia innovatsiinoho zakonodavstva: okremi kontseptualno pravovi pidkhody [Codification of innovation legislation: separate conceptual legal approaches]. Problemy hospodarskoho prava – Problems of economic law, 4(63), 177–185. Retrieved from file:///C:/Users/Admin/Desktop/vapny_2010_4_18.pdf [in Ukrainian].
7. Kudriavtseva, V. V. (2010). Konstytutsiino-pravovi chynnyky kodyfikatsii investytsiinoho zakonodavstva [Constitutional and legal factors of codification of investment legislation]. Yurydychna Ukraina – Legal Ukraine, 2, 102-107 [in Ukrainian].
8. Podtserkovnyi, O. P. (2007). Podalsha kodyfikatsiia ta kompaktyzatsiia hospodarskoho zakonodavstva na bazi Hospodarskoho kodeksu Ukrainy [Further codification and compactification of economic legislation on the basis of the Commercial Code of Ukraine]. Yurydychnyi visnyk Ukrainy – Legal Bulletin of Ukraine, 12(11). 42–54. Retrieved from http://dspace.onu.edu.ua:8080/bitstream/handle/123456789/17651/4254.pdf?sequence=1&isAllowed=y [in Ukrainian].
9. Husariev, S. D., Oliinyk, A. Yu., & Sliusarenko, O. L. (2008). Teoriia prava i derzhavy [Theory of Law and State]. Kyiv: TsUL [in Ukrainian].
10. Androshchuk, H. (2004). Derzhavna innovatsiina polityka [State Innovation Policy]. Intelektualna vlasnist – Intellectual Property, 1, 37-40 [in Ukrainian].

matches: V. V. V. V. V. V. V. V. V.