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This article explores the persistent challenges in addressing police brutality through civil rights litigation, focusing on the limitations imposed by federal jurisdiction and justiciability doctrines post-Lyons. It argues that the Supreme Court's approach, which conflates jurisdictional inquiries with procedural or remedial ones, has significantly hindered access to justice for plaintiffs seeking to vindicate their constitutional rights under §1983. By examining the foundational jurisdictional and procedural principles at stake, the article reveals the Court's missteps and suggests ways to disentangle these concepts, aiming to restore §1983's essential role in defending constitutional rights and ensuring that victims of police misconduct can obtain full redress in federal courts. [ABSTRACT FROM AUTHOR]

Simple Summary: The purpose of this study is to emphasize the importance of genetic testing for healthy individuals with a strong family history of hereditary malignancies. A total of 103 healthy subjects with at least two relatives with cancer were enrolled. By NGS analysis of 27 genes, 5% were found to carry a pathogenic variant in a hereditary cancer susceptibility gene. In the era of personalized medicine, genetic testing of healthy subjects in the absence of a living affected collateral is crucially important for early diagnosis, clinical surveillance and surgical choice. Hereditary cancer syndromes caused by germline mutations account for 5–10% of all cancers. The finding of a genetic mutation could have far-reaching consequences for pharmaceutical therapy, personalized prevention strategies, and cascade testing. According to the National Comprehensive Cancer Network's (NCCN) and the Italian Association of Medical Oncology (AIOM) guidelines, unaffected family members should be tested only if the affected one is unavailable. This article explores whether germline genetic testing may be offered to high-risk families for hereditary cancer even if a living affected relative is missing. A retrospective study was carried out on 103 healthy subjects tested from 2017 to 2023. We enrolled all subjects with at least two first- or second-degree relatives affected by breast, ovarian, pancreatic, gastric, prostate, or colorectal cancer. All subjects were tested by Next Generation Sequencing (NGS) multi-gene panel of 27 cancer-associated genes. In the study population, 5 (about 5%) pathogenic/likely pathogenic variants (PVs/LPVs) were found, while 40 (42%) had a Variant of Uncertain Significance (VUS). This study highlights the importance of genetic testing for individuals with a strong family history of hereditary malignancies. This approach would allow women who tested positive to receive tailored treatment and prevention strategies based on their personal mutation status. [ABSTRACT FROM AUTHOR]

Waiver is the intentional relinquishment or abandonment of a known right. While constitutional rights may ordinarily be waived only if it can be established by clear and convincing evidence that the waiver is voluntary, knowing, and intelligent, the waiver of some of those rights is hard to conceive. Consider, for example, the right not to be subject to cruel and unusual punishment. Although the Court has stated that waivers of constitutional rights must be voluntary, knowing, and intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences, this formula only takes into account the interests of the individual right holder; it does not consider the other interests involved, including those of the parties and broader societal interests at stake and how a particular waiver might affect them and our system as a whole. The question as to the waivability of constitutional protections may arise in two contexts. The first involves the waiver by individuals of constitutional rights that belong to them, like, for instance, a criminal defendant's right to counsel in a federal prosecution, a person's right against self-incrimination in criminal cases, a citizen's right to vote, and the right to free speech. In these cases, a waiver will usually be upheld so long as it was done knowingly and voluntarily, as an individual can normally consent to or waive what would otherwise be a violation of their own constitutional rights. The waiver issue may also arise in the context of provisions contained in the body of the Constitution that do not on their face purport to confer individual rights, like the provisions governing the powers of the federal government, those related to the separation of powers among the three federal branches, and those seeking to define the respective authorities of the federal government and the states. Even though these structural and power allocation provisions do not, on their face, purport to protect the rights of individuals against the federal or state governments, their underlying purpose is to restrain federal power for the ultimate benefit of individuals--federal powers like the President's unilateral exercise of the war powers without a declaration of war from Congress, the State consent to the aggrandizement of the federal power, and the Senate's filibuster rules. After analyzing the constitutional rights that might demand special consideration when it comes to waiver, this Article suggests a framework or formula for determining whether a constitutional right should be waivable and what factors should be considered to make that determination. The formula uses a spectrum, placing at one end those rights that should be waivable--mostly procedural rights, such as the right to object to the lack of personal jurisdiction, improper service of process, and improper venue, which are all procedural rights intended to safeguard procedural due process rights of a defendant. At the opposite end of the spectrum, the formula places those rights, such as Eighth Amendment rights, or the rights related to the exercise of powers, such as the State consent to the aggrandizement of the federal power, the President's unilateral exercise of the war power, or the majority rule, which should not be waivable. In the middle, the formula places rights like the right to free speech or voting rights, which should be waivable only after careful consideration of all the interests involved--those rights whose waivability should be determined with a presumption against waiver, given their collective dimension. [ABSTRACT FROM AUTHOR]

Purpose. Integrative treatments are growing among breast cancer survivors (BCS), and both acupuncture and Nordic walking (NW) are found particularly useful for them. Their positive effect on BCS health is partially due to their impact on bodily fluid balance. The study of bodily resistance and reactance is a practical method to monitor bodily fluid balance. The aims of our study were to investigate (a) the acute effects of acupuncture treatment on resistance and reactance in BCS who never had received acupuncture treatment before; (b) if BCS practising NW had better resistance and reactance than non-exercising BCS; and (c) if BCS practising NW presented a better response after acupuncture treatment than other conditions. Methods. A total of 80 BCS (53.24 ± 5.50 years), including 38 women not practising physical exercise and 42 Nordic walkers, were recruited and investigated for bodily resistance and reactance immediately before and after (a) acupuncture treatment; (b) supine rest without acupuncture. Results. Acupuncture seems to positively influence bodily resistance and reactance variation compared with supine rest. NW practice seems able to assure the best resistance and reactance basal values, and their best positive variation after supine rest and acupuncture alone. The observed results are amplified when NW and acupuncture are coupled. Conclusions. Both acupuncture and NW could be used to positively influence bodily fluids distribution, also considering that, when coupled, their positive effects are amplified. Therefore, NW should be prescribed to maintain the positive effect of acupuncture or to prepare the body for it. [ABSTRACT FROM AUTHOR]

B. Merrell Dow Pharmaceuticals Inc. v. Thompson In 1986, the Court in Merrell Dow Pharmaceuticals Inc. v. Thompson (175) took Franchise Tax Board's "practicality and necessity" (176) approach a step [...]

Aim of the study: The study aims to evaluate the performance of selected, high-volume, highly specialized, Italian Breast Centers at the time of COVID-19 pandemic (year 2020), compared to pre-pandemic time (year 2019), highlighting differences in terms of clinical presentation of breast cancer (BC) and therapeutic strategies. Methods: Patients' data were provided by the Senonetwork data warehouse Senonet. In order to examine changes in the surgical and oncological management of BC patients during different phases of COVID-19 pandemic, we took advantage of a selection quality indicators (QIs). We performed the analyses in two time-frames, from July to September (Jul-Sep) (2019 versus 2020) and from October to December (Oct-Dec) (2019 versus 2020). Results: Our analysis did not show any statistically significant difference in terms of diagnosis, surgical, oncological and radiation therapy procedures between the two trimesters 2019 and 2020. Nevertheless, we observed statistically significant differences, favoring 2020, when analyzing time-to surgery and time-to radiotherapy. On the other hand, we observed a significant reduction of neoadjuvant chemotherapy and we did not recollect any data on a major use of neoadjuvant endocrine therapy. Conclusions: In Italian Breast Centers, partners of Senonetwork, we could not observe any treatment delay or change in standard clinical practice for BC care during the 2020 pandemic year, compared to 2019 pre-pandemic year. This finding is in contrast with the globally reported decrease in the performance of the Italian Breast Centers due to the COVID-19 pandemic, and has to be linked to the sharp selection of Senonetwork Breast Centers. [ABSTRACT FROM AUTHOR]

My claim-centered approach to arising-under jurisdiction fully embraces the three subcategories of jurisdiction that Professor Mulligan identifies. (1) My essential point is that the bifurcation (or trifurcation as Professor Mulligan [...]

The aim of the study was to compare the effects of weekly personal feedback, based on objectively measured physical activity, on daily sleep in breast cancer survivors (BCS) with those of an intervention that also included online supervised physical exercise sessions (OSPES). BCS benefiting from both personal feedback and OSPES (n = 24), from pre-lockdown (T0) to the first month (T1) of the national lockdown, experienced an increase in both total (p ≤ 0.001) and restorative (p ≤ 0.001) sleep time, inverting their trend from the first month of lockdown to its end (total sleeping time T1 vs. T2 0.01 ≤ p <.001, T1 vs. T3 p ≤ 0.001; restorative sleeping time T1 vs. T2 0.05 ≤ p <.01, T1 vs. T3 p ≤ 0.001). Supportive technology, together with the reception of weekly tailored advice and OSPES seems to improve both quality and quantity of sleep. [ABSTRACT FROM AUTHOR]

Background: To prevent and fight the increase of daily sedentary time and to promote and stimulate the positive effects of physical activity and exercise on health, both traditional interventions and new strategies are important for breast cancer survivors (BCS). The research goal was to compare the effects of weekly personal feedback, based on objectively measured physical activity, on the trends of both daily sedentary time and on the physical activity of BCS (E− group) with those of an intervention also including online supervised physical exercise sessions (E+ group), during the Italy COVID-19 lockdown. Methods: The Italian COVID-19 emergency allowed the possibility to also observe the effects of social and personal limitations. A total of 51 BCS were studied over an 18-week period and had an objective registration of day-to-day sedentary time, physical activity, and sleep. Both subsamples received weekly or fortnight personal feedback. Data were analysed considering four key periods, according to the COVID-19 emergency steps. Results: Statistical analysis showed an additive effect for sedentary time and a multiplicative effect both for light-to vigorous and light-intensity physical activities. The E− group had a high overall sedentary time and a different trend of light-to vigorous and light-intensity physical activities, with a reduction from the 1st to the 2nd periods (national and personal restrictions), showing a significant rise just at the end of the national restrictions. Conclusions: The use of an activity tracker and its accompanying app, with the reception of weekly tailored advice and supervised online physical exercise sessions, can elicit proper physical activity recomposition in BCS in the COVID-19 era. [ABSTRACT FROM AUTHOR]

The article examines the modern law of class actions and due process in the U.S. Topics discussed include fundamental principles of due process and how it permeated the civil justice system and the Federal Rules of Civil Procedure, original form and current iteration of Federal Rule of Civil Procedure 23 governing adequate legal representation by a counsel and dismissal or compromise of a class action, as well as Supreme Court decisions interpreting Rule 23 from the perspective of due process.

As we are celebrating the 50th anniversary of the modern class action rule--the version adopted in 1966--the Advisory Committee is working on further revisions of Rule 23, conferences on the topic are proliferating, and the Supreme Court and lower federal courts are trying to navigate the technicalities of the current rule. Several doctrines in the federal system have generated a frontloading trend, i.e., a trend that pushes the analysis of the merits of the claim to the very outset of the litigation, before discovery has taken place, ultimately resulting in a denial of justice. The current Rule 23 and its proposed amendments seem to follow the same trend. In the Article, I unearth the frontloading trend, show how and to what extent Rule 23 and its interpretation is part of it, and propose a new Rule 23, one designed to promote the underlying litigation principles the original rule was meant to advance. I spent my fall 2016 at the Yale Law School to work on Charles E. Clark's Papers that are stored in the Yale's Archives. Clark was the driving force behind the adoption of the Federal Rules. Clark's Papers contain Clark's thoughts, notes, sketches, ideas on the federal rules and the federal system he was designing, his philosophy of legal analysis and judicial decisionmaking. Clark's clear procedural vision produced rules that have lasted, almost untouched, for almost 80 years. Inspired by Clark's vision and ideas, my Article articulates a theory of class actions that is truthful to the design of the original Federal Rules and proposes a new class action rule, that is consistent with that theory and with Clark's original vision for the rules. [ABSTRACT FROM AUTHOR]

The article focuses on unifying principles of federal procedure and practice for maintaining substantive law and justice. Topics discussed include designing a procedural system for promoting fair, and efficient delivery of justice by the courts; maintenance of rule of law; and building gap between formalism and pragmatism.