Alien Registration- G, Sister M Adrian (Portland, Cumberland County)

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Mercer Law Review Vol. 032 Issue 04-067 pg. 1235 - Interstitial Lawmaking: Uniformity or Conformity

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Interstitial Lawmaking: Uniformity or Conformity?

When Congress does not fully address the substantive law contemplated by a statute, federal courts have the responsibility to fashion a governing rule of decision according to their own standards-the conflict of laws rules of the forum. More precisely, the task of judicial legislation could be labeled one of interstitial lawmaking, of interpreting an indeterminate statute, rather than conflict of law. If subject matter jurisdiction is founded on a federal statute, and not diversity of citizenship, the source of law for the litigation is federal, and the rule of Erie R.R. v. Tompkins, that state law applies of its own force, is generally inapplicable. This jurisdictional grant over suits involving a federal question, function or program, however, is not in itself a mandate for applying federal law in all circumstances. As the Court in Clearfield Trust Co. v. United States suggested, state law occasionally may be adopted as the federal rule when Congress has not given a specific directive. Federal courts have the option to incorporate or to displace state law in giving content to a controlling federal statute, but not without certain limitations. ... The purpose of this comment is to examine the standards that have developed for resolving disputes over the supplementation of federal law in cases founded on a federal statute and related to an operative national program. The discussion will focus primarily on those considerations that move a federal court to impute to Congress an intention to absorb state law or to establish a uniform, nationwide rule in a given dispute. Specifically, emerging methodology will be applied to the Georgia Power Company condemnation cases for the Lake Wallace Project, as a means of evaluating a sampling of the manifold policies which support one selection of law or the other, in what is arguably a classic example of a vertical choice of law problem

Mercer Law Review Vol. 031 Issue 02-053 pg. 0637 - Municipal Display of Religious Symbol Enjoined in California

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Alien Registration- G, Sister M Adrian (Portland, Cumberland County)

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Evaluation of a New Chromogenic Agar Medium for Detection of Shiga Toxin-Producing Escherichia coli (STEC) and Relative Prevalences of O157 and Non-O157 STEC in Manitoba, Canada

This study assesses the detection performance of CHROMagar STEC medium relative to a reference cytotoxin assay and describes the current relative prevalence of O157 and non-O157 Shiga toxin-producing Escherichia coli (STEC) serotypes within the province of Manitoba, Canada. Over a 10-month period, 205 nonfrozen routine stool submissions to Cadham Provincial Laboratory (CPL) were used to assess the performance of CHROMagar STEC. Of the 205 stools, 14 were identified as true positives by a cytotoxin assay, with resultant CHROMagar STEC sensitivity, specificity, and positive predictive and negative predictive values of 85.7%, 95.8%, 60.0%, and 98.9%, respectively. Using a separate panel of 111 STEC strains, CHROMagar STEC was shown to support the growth of 96 (86.5%) isolates. To assess relative prevalence, attempts were made to isolate by any means all STEC strains identified at CPL over a 17-month period. Of 49 isolates (representing 86.0% of all STEC infections detected), only 28.6% were O157 STEC strains. Of the 35 non-O157 STEC strains, 29 were subjected to further molecular analysis. In contrast to earlier results from our area, carriage of stx(2) appears to have increased. Overall, although CHROMagar STEC is not recommended as a primary screen, our results indicate that it is an effective supplemental medium for the isolation of probable STEC strains. Increased isolation of these serotypes is warranted to better understand their prevalence, clinical characteristics, and epidemiology and aid in the development or enhancement of food safety control programs targeting all STEC serotypes

Shiga-Toxigenic Escherichia coli Detection in Stool Samples Screened for Viral Gastroenteritis in Alberta, Canada▿

Shiga-toxigenic Escherichia coli (STEC) is an important cause of diarrheal disease. The most notorious STEC serotype is O157:H7, which is associated with hemorrhagic colitis and hemolytic-uremic syndrome (HUS). As a result, this serotype is routinely screened for in clinical microbiology laboratories. With the bias toward the identification of the O157 serogroup in routine diagnostic processes, non-O157 STEC has been largely underrepresented in the epidemiology of STEC infections. This diagnostic bias is further complicated by the fact that many non-O157 STEC infections cause nonspecific gastroenteritis symptoms reminiscent of enteric viral infections. In this study, real-time PCR was used to amplify Shiga toxin genetic determinants (stx1 and stx2) from enriched stool samples that were initially submitted for the testing of enteric viruses in patients with suspected viral gastroenteritis between May and September of 2006, 2007, and 2008 (n = 2,702). Samples were submitted from the province of Alberta, Yukon, the Northwest Territories, and Nunavut, Canada. A total of 38 samples (1.4%) tested positive for Shiga toxin genes, and 15 isolates were cultured for further characterization. Several of the serotypes identified (O157:H7, O26:HNM, O26:H11, O103:H25, O121:H19, and O145:HNM) have been previously associated with outbreaks and HUS. This study outlines the importance of combining molecular methods with classical culture techniques to enhance the detection of emerging non-O157 as well as O157 serotypes in diarrheal stool samples. Furthermore, atypical diarrhea disease caused by non-O157 STEC can be routinely missed due to screening only for viral agents