Preemption of Common Law Claims and the Prospect for FIFRA: Justice Stevens Puts the Genie Back in the Bottle

In the upcoming Term, the Supreme Court will consider a case raising the question whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts state tort law, or only state positive law. FIFRA, under which the Environmental Protection Agency regulates pesticide labels, has an express preemption clause and clearly preempts state positive law on labeling. The question presented is whether and to what extent it also preempts state tort law, particularly claims for failure to warn. The Court\u27s precedent on preemption of state tort law is erratic, but for some reason, the pro-preemption view has been much more popular with lower courts. The view that FIFRA broadly preempted state tort law was unanimous for several years, until the EPA filed an amicus brief in a California case arguing against preemption. That brief was rejected in most courts but accepted in Montana and Oregon. Under President Bush, however, the EPA reversed its preemption and now argues in favor of preemption - which in practice means near-complete immunity for pesticide manufacturers against claims by consumers or bystanders. This paper argues that the Supreme Court should hold that even though FIFRA preempts states from passing laws about what should be on a pesticide label, FIFRA does not preempt tort claims for failure to warn about the dangers of the pesticide. In doing so, the Court should clarify the operation of various presumptions it is adopted for when to find state law preempted by a federal statute

The Flight From Judgment

In their book, Practical Wisdom: The Right Way to Do the Right Thing, Barry Schwartz and Kenneth Sharpe highlight the task of sentencing a convicted criminal as quintessentially calling for practical wisdom. Wisdom, they argue, is not a transcendent state to be achieved by mystical means but a skill that must be learned and improved by practice, trial, and error. It is grounded in empathy, which is the cognitive ability “to imagine what someone else is thinking and feeling.” A person’s capacity for wisdom can be stunted by rote adherence to inflexible rules or by carrots and sticks that replace good character with a reward system. Professor Benjamin Barton’s new Article argues that the rarified and insular biographies of the current justices of the Supreme Court are ill-suited for developing practical wisdom

The Flight From Judgment: Reflections on Benjamin Barton’s An Empirical Study of Supreme Court Justice Pre-Appointment Experience

Discusses J. McIntyre Machinery, Ltd. v. Nicastro as an example of the Supreme Court\u27s failure to rely on practical wisdom, in connection with the historic shift toward increasingly elite credentials for the justices

A People-Centered Approach to Improving Interprofessional Communication in Health Care

poster abstractAs part of the objectives stated under the Interprofessional Collaborative Practices (IPCP) Model funded through a grant with the Health Resources and Services Administration and Indiana University School of Nursing, it was necessary to better understand the challenges around interprofessional communication across a hospital unit. To carry out this objective, research consultants from Collabo Creative, a design research company, partnered with the Renal Metabolic (B5C5) unit at IU Health Methodist. The main purpose for connecting design researchers with B5C5 was to assist the unit in utilizing a people-centered design approach in order to: 1) understand the current context of interprofessional collaboration and communication, 2) frame pertinent communication design challenges; and 3) develop solutions to improve interprofessional collaboration and communication across the B5C5 unit. Resulting from the 8-month research engagement, Collabo Creative and B5C5 identified four core challenges to interprofessional communication that appear to be relevant to other hospital units in addition to B5C5. These challenges include: 1) patient handoff of information; 2) doctor and patient two-way communication; 3) employee tensions as a result of PCA training; and 4) night-shift inclusion in plan of care. This poster will describe the people-centered design approach and methods that were used to engage B5C5, along with key findings and newly developed interprofessional communication tools resulting from the research project

A weekly Arctic sea-ice thickness data record from merged CryoSat-2 and SMOS satellite data

Sea-ice thickness on a global scale is derived from different satellite sensors using independent retrieval methods. Due to the sensor and orbit characteristics, such satellite retrievals differ in spatial and temporal resolution as well as in the sensitivity to certain sea-ice types and thickness ranges. Satellite altimeters, such as CryoSat-2 (CS2), sense the height of the ice surface above the sea level, which can be converted into sea-ice thickness. Relative uncertainties associated with this method are large over thin ice regimes. Another retrieval method is based on the evaluation of surface brightness temperature (TB) in L-band microwave frequencies (1.4 GHz) with a thickness-dependent emission model, as measured by the Soil Moisture and Ocean Salinity (SMOS) satellite. While the radiometer-based method looses sensitivity for thick sea ice (> 1 m), relative uncertainties over thin ice are significantly smaller than for the altimetry-based retrievals. In addition, the SMOS product provides global sea-ice coverage on a daily basis unlike the altimeter data. This study presents the first merged product of complementary weekly Arctic sea-ice thickness data records from the CS2 altimeter and SMOS radiometer. We use two merging approaches: a weighted mean (WM) and an optimal interpolation (OI) scheme. While the weighted mean leaves gaps between CS2 orbits, OI is used to produce weekly Arctic-wide sea-ice thickness fields. The benefit of the data merging is shown by a comparison with airborne electromagnetic (AEM) induction sounding measurements. When compared to airborne thickness data in the Barents Sea, the merged product has a root mean square deviation (RMSD) of about 0.7 m less than the CS2 product and therefore demonstrates the capability to enhance the CS2 product in thin ice regimes. However, in mixed first-year (FYI) and multiyear (MYI) ice regimes as in the Beaufort Sea, the CS2 retrieval shows the lowest bias