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In Birchfield v. North Dakota (2016), the Supreme Court broke new Fourth Amendment ground by establishing that law enforcement's collection of information can be cause for 'anxiety,' meriting constitutional protection, even if subsequent uses of the information are tightly restricted. This change is significant. While the Court has long recognized the reality that police cannot always be trusted to follow constitutional rules, Birchfield changes how that concern is implemented in Fourth Amendment law, and importantly, in a manner that acknowledges the new realities of data-driven policing. Beyond offering a careful reading of Birchfield, this Article has two goals. First, we compare Birchfield to two fixtures of Fourth Amendment law that likewise stem from distrust of state power: the warrant requirement and the exclusionary rule. Like traditional warrants, 'Birchfield warrants' have a prophylactic quality; they enable ex ante judicial supervision. But Birchfield warrants also go further than traditional warrants; they aim to anticipate--and preempt--disregard for the rules later on, not just to safeguard particularity in the immediate search or seizure. In this sense, Birchfield warrants do ex ante what the exclusionary rule does ex post: deter abuse. Second, we connect Birchfield's 'anti-anxiety' logic to two other areas of constitutional criminal procedure. The first are settings--speedy trial and double jeopardy cases, most notably--where the Court has recognized that potential uses of state power can provoke anxiety and, accordingly, require constitutional accommodation. We refer to this as the 'Sword of Damocles' problem. The second area is Miranda, which, like Birchfield, deals with a problem of 'closed-door' policing. In both Miranda and Birchfield, protective rules are necessary because law enforcement decisions happen in the dark--in Miranda, due to the realities of traditional custodial interrogation, and in Birchfield, because collected information simply disappears into a government vault. Birchfield is, in effect, the Court's first 'big data collection' case, having doctrinal implications for the seizure and use of any information-rich evidence, including support for Fourth Amendment use restrictions. In this sense, Birchfield is best understood as continuous with other recent jurisprudence--most notably, United States v. Jones and Riley v. California--in which the Supreme Court has revitalized the ideal of judicial supervision in the age of data-driven policing., I see the sword of Damocles is right above your head.--Lou Reed, Sword of Damocles (Sire Records 1992) INTRODUCTION The police, courts like to note, are engaged in the 'competitive [...]

Lateral intrusions flowing from the boundaries of lakes and oceans might influence basin‐scale distributions of heat, chemical solutes, sediments, and organisms. Here, observations of numerous intrusions from multiple locations in a small lake were used to examine the relation of intrusions to a lakewide internal seiche, and to estimate mean exchange between sloping bottom boundary layers (BBLs) and the lake interior. BBL waters were observed periodically separating from the bed and flowing laterally offshore. Boundary layer separation was initiated where strong downslope flows encountered upslope‐propagating temperature fronts. These separation events propagated upslope, coherent with the vertically propagating internal seiche, resembling previously reported cases of upslope‐propagating internal bores. Following separation, jets flowed offshore immediately above temperature fronts, transporting boundary layer water at least 61 m into the interior. Jet propagation could be traced upwards, from the bed at 9.4 m depth to the base of the surface mixed layer. Mean offshore transport was most intense within the metalimnion (4–7 m depth). Intruding intermediate‐temperature thermocline water was likely supplied both by river inputs and by boundary mixing of cold and warm waters. These findings suggest that periodic jets, resulting from seiche‐induced boundary layer separation, transported significant quantities of water from the boundary layer toward the stratified lake interior, with possible implications for distributions of sediments, solutes, and organisms.

Oncohistones represent compelling evidence for a causative role of epigenetic perturbations in cancer. Giant cell tumours of bone (GCTs) are characterised by a mutated histone H3.3 as the sole genetic driver present in bone-forming osteoprogenitor cells but absent from abnormally large bone-resorbing osteoclasts which represent the hallmark of these neoplasms. While these striking features imply a pathogenic interaction between mesenchymal and myelomonocytic lineages during GCT development, the underlying mechanisms remain unknown. We show that the changes in the transcriptome and epigenome in the mesenchymal cells caused by the H3.3-G34W mutation contribute to increase osteoclast recruitment in part via reduced expression of the TGFβ-like soluble factor, SCUBE3. Transcriptional changes in SCUBE3are associated with altered histone marks and H3.3G34Wenrichment at its enhancer regions. In turn, osteoclasts secrete unregulated amounts of SEMA4D which enhances proliferation of mutated osteoprogenitors arresting their maturation. These findings provide a mechanism by which GCTs undergo differentiation in response to denosumab, a drug that depletes the tumour of osteoclasts. In contrast, hTERTalterations, commonly found in malignant GCT, result in the histone-mutated neoplastic cells being independent of osteoclasts for their proliferation, predicting unresponsiveness to denosumab. We provide a mechanism for the initiation of GCT, the basis of which is dysfunctional cross-talk between bone-forming and bone-resorbing cells. The findings highlight the role of tumour/microenvironment bidirectional interactions in tumorigenesis and how this is exploited in the treatment of GCT.

Methane (CH4) produced in anoxic sediments plays a significant role in the carbon economy of many lakes and reservoirs. CH4released from sediments first crosses the bottom boundary layer (BBL), the layer of water overlying the lakebed where currents are slowed by friction with the sediments below. Physical and biogeochemical conditions in the BBL, which can fluctuate hourly to daily with basin‐wide internal waves (seiches), likely influence CH4transport from sediments into the hypolimnion. In this study, we estimated CH4fluxes across the BBL of a eutrophic lake using a novel in situ flux gradient approach adapted from marine applications. For 2–6 h periods throughout the spring and summer, we estimated CH4fluxes across the BBL using simultaneous measurements of CH4concentrations, turbulent mixing, and thermal stratification. Sub‐daily variation in CH4fluxes was high, and CH4fluxes sometimes changed several‐fold within hours. These rapid shifts in BBL fluxes were likely influenced by fluctuations in seiche‐driven variations in the intensity of BBL turbulent mixing. Fluxes increased from spring to summer, concurrent with the development of lake stratification, and fueled an accumulation of CH4below the thermocline. Throughout the summer, CH4flux across the BBL exceeded CH4accumulation below the thermocline, suggesting significant methanotrophy in the hypolimnion, consistent with incubation‐based oxidation rates. Our results are the first to demonstrate sub‐daily and seasonal variability in the timing and magnitude of CH4fluxes within a lake BBL, and highlight a need to quantify such variability in other lentic systems.

In United States v. Jones, the government took an extreme position: so far as the federal Constitution is concerned, law enforcement can surreptitiously electronically track the movements of any American over the course of an entire month without cause or restraint. According to the government, whether the surveillance is for good reason, invidious reason, or no reason, the Fourth Amendment is not implicated. Fortunately, the Supreme Court unanimously rejected that position. The Court did not, however, resolve what restriction or restraint the Fourth Amendment places upon location surveillance, reflecting proper judicial restraint in this nuanced and difficult area. Using the newly enacted American Bar Association (ABA) Standards on Law Enforcement Access to Third Party Records, this Article develops a regulatory regime for law enforcement visual surveillance, technologically enhanced location surveillance, and access to historic location records (e.g., cell site data). The proposal handles the administrative difficulties inherent in so-called mosaic approaches via a generally permissive regime regulated through an abuse standard. Ideally, such a proposal would be legislatively enacted with the backdrop of constitutional judicial review, and the Article comments upon the need for constructive dialogue and initiative in that process by the law enforcement community, a view influenced by six years serving as Reporter for the ABA Standards., TABLE OF CONTENTS I. CELL TOWER DUMPS, LAW ENFORCEMENT, AND PRIVACY A. The High Country Bandits B. The Relevance of United States v. Jones II. LOCATION RECORDS UNDER THE ABA [...]

[ILLUSTRATION OMITTED] "Creating a meal is like designing a dress," says Naeem Khan. "You have to think of color, balance and texture. Food isn't only about taste. Does it look […]

In a stratified lake, where an internal seiche maintained an oscillating bottom boundary layer (BBL), processes including strain‐induced periodic stratification (SIPS), a downslope mean flow, and upslope‐propagating internal waves controlled fluctuating BBL mixing rates. To investigate these processes, high‐resolution temperature and velocity profiles were measured within 2 m of the sloping bed, through more than 100 cycles of upslope and downslope flows. The associated seiche‐induced velocity reversals coincided with the arrival of upslope‐propagating cold fronts. Although fronts are sometimes associated with internal wave breaking, in this lake the measured frontal slopes were small and breaking did not occur. When fronts were not propagating past instruments, near‐bed stratification was consistent with SIPS, being intensified by downslope flows and reduced by upslope flows. Owing to a downslope near‐bed mean flow, which was previously shown to cancel an upslope internal‐wave Stokes drift, peak downslope velocities regularly exceeded peak upslope velocities. Given these strong downslope velocities, turbulent dissipation rates were most intense during downslope phases. Therefore, during downslope flow, creation of stratification by SIPS coincided with elevated dissipation, creating conditions for effective mixing. Correspondingly, two simple parameterizations for mixing efficiency suggest that most of the total near‐bed buoyancy flux (≥ 82%), and most of the irreversible flux (87%), occurred during the downslope‐flow phase of internal seiche cycles. The observed mechanism for dominant mixing during downslope flow has potential to act in other environments where internal waves propagate up sloping beds.

"I've set this dining table so often, I could do it blindfolded," Dennis Basso jokes on a spring evening. True, it's just another party, one of the hundreds (and hundreds) […]

[ILLUSTRATION OMITTED] Alistair Clarke manages to hold his own in a roomful of women: here he joins wife Blair (pregnant with daughter Georgina, now five months old), daughter Poppy and […]

STEPHEN HENDERSON: Sea Island, Georgia, has a distinctive residential style, doesn't it? SUZANNE KASLER: Yes, this is a beach community with enormous historical longevity that has moss-draped oaks, wide marshes, […]

An antique zinc-framed mirror hangs above vintage Knoll furniture on a shady terrace. OPPOSITE: Foxtail palms surround the pool; floating stainless steel gazing balls are from www.lawnornamentsandfountains.com; a pair of […]

Colin Cowie HOST WITH THE MOST HE STANDS in his sleek office in Greenwich Village, staring down at an architectural rendering of the site plan he has proposed for a […]

STEPHEN HENDERSON: This is quite a surprise for a house in Greenwich, Connecticut. SALLY MARKHAM: Everyone thinks decorating in Greenwich, Connecticut, is all swag and jabots, but ladies in their […]

WHEN SHE ARRIVES a scant ninety seconds tardy for lunch at a Greenwich Village cafe near her apartment, Patricia Clarkson, the acclaimed actress, is effusively apologetic. "I am so sorry! […]

THE SINGLE-FAMILY HOUSE is a rarity in Manhattan, and when one enters the real estate market, it doesn't stay there for long. Townhouses are at such a premium that even […]

THEY DON'T BUILD THEM like this any more. Or so the putative owners marveled when shown a center hall stone house built in the 1920s and set amidst a copse […]

The trend today is that folks are eager to be part of the decorating process," says Kenneth Brown, a California decorator and host of reDesign, a series on HGTV. "Shows […]

SEAFARERS CRAVE TO LEAVE the land, not find new places to sink roots. So it was with Bob and Nancy Bean, who for many years sailed their beloved boat, a […]

"I'm an idiosyncratic collector," admits Sherri Donghia. Actually, "idiosyncratic" is far too small a word to encompass the wildly varied treasures that Sherri, who is the executive vice president of […]

DURING THE 1930s, '40s, AND '50s, William Wurster built what he liked to call "large small houses," primarily in northern California's Bay Area. His pioneering designs created flexible interior rooms […]

"THIS PLACE has been through hell," says Michael Wiener, of the weekend house that he and his wife, Zee, own in Roxbury, Connecticut. With its warm and inviting interiors, its […]

RANDALL RIDLESS AND ELIZABETH MARTELL "I never do an interior where everything is of one style or period," proclaims designer Randall Ridless. Indeed, for a drawing room at the Kips […]

FOR YEARS AGO, WHEN Peter Hallock and Craig Mowry first spotted a summer cottage in the town of Southampton, New York, they thought its setting was magnificent. The house itself […]

WHILE THERE ARE many ways to build a dream house, undoubtedly one of the most stressful involves a teardown. This is real estate parlance for love-the-lot, hate-the-hovel, and it's not […]

SITTING ON ONE of the most beautiful residential streets in Washington, D.C., its curb appeal was superb. The Tudor-style house--built in 1928--preened with a fieldstone, stucco, and wood trim facade, […]

MOST PEOPLE DON'T BEGIN decorating until they see a finished room--or at least a blueprint. Susan Weiss, on the contrary, prefers to work from the inside out. She furnishes first, […]

IN THIS ERA OF SUPER-SIZED architecture, the beauty of restraint has nearly been forgotten. A refreshing reminder of past glories is this simple, recently renovated Shingle-style cottage on Fire Island, […]

Objectives To evaluate the impact of a course in surgical dentistry on the confidence of 32 general dental practitioners, each of whom attended a one-day hands-on course.Design Questionnaire survey.Setting General dental practitioners attending a course on surgical dentistry, which was run over a day, for eight participants per day.Results The course was rated highly by participants. The hands-on component was particularly well received. Confidence scores increased for several surgical procedures, particularly for removal of impacted teeth and for apicectomies of single-rooted teeth. There were concomitant decreases in the proportion of participants who said that they would refer patients requiring these surgical procedures. Confidence scores remained low for complex procedures such as molar apicetomies. However, it would be appropriate to refer these cases for specialist care.Conclusions The results of this pilot study indicated that a course in surgical dentistry was successful in increasing the confidence of a small group of general dental practitioners. More research is needed to determine whether this is the most effective way of helping practitioners maintain and improve skills and confidence in surgical dentistry.

On a sunny afternoon not too long ago, close to 40 schoolteachers lay prone on a classroom floor at the Lincoln Center Institute in New York City, their bodies cushioned [...]

Wearing a rented tuxedo is a male rite of passage. Those tuxedo moments--proms, your cousin Lenny's wedding--linger in your memory file along with sketchy details of old girlfriends, old cars, [...]

Hoping to throw the party of the season? One that's indubitably delicious, warms the soul and calls out to be repeated immediately? Then let us entertain you before you entertain […]

The homeless couple sits on a Manhattan sidewalk near Times square, a cardboard plea leaning against their drawn-up knees. Unbowed by their plight, this garrulous middle-aged pair - he sports [...]

It's another opening, another show at the Aoyama Theater in Tokyo. A draped folding table bearing bowls of salt, rice, eggplants and pineapples as well as bottles of sake is […]

[ILLUSTRATION OMITTED] MARCY BLUM is a New York-based wedding planner whose clients have included Tom Clancy, two Rockefeller brides and Kyra Sedgwick and Kevin Bacon. 212-929-9814; marcyblum.com. What is the […]

Complex oral surgery procedures are occurring more commonly in primary care, performed by both specialist oral surgeons and non-specialists/tier 2 providers. Practitioners in the UK are working in an increasingly litigious environment which is often at the forefront of a practitioner's mind and prevention of complaints and claims of negligence is vital in maintaining confidence in our practise. In this ever-increasing litigious environment practitioners need to be aware of the risks associated with oral surgery procedures and have to be able to assess and treatment plan patients effectively and safely. Consent is critical to all procedures, and the recent Montgomery case reinforces the importance of this process which must be individual to each patient. It is vital that as practitioners we are aware of our scope of practice and are able to fully inform patients of the risks and benefits of treatment. Practitioners must know their limits and when to refer on to secondary care. This paper discusses the essentials of risk management in oral surgery and describes key stages in the management of patients undergoing an oral surgery procedure. Initial assessment of the patient, which includes medical and dental history will be discussed followed by investigations to support the clinical diagnosis. Once diagnosis has been confirmed, the process of obtaining consent and the legal implications of this are discussed. Finally, a discussion on the appropriate evidence-based management of common complications which may arise when performing oral surgery will complete the paper.

Can an open-plan kitchen be hidden in plain sight? My boyfriend, James LaForce, and I began to ponder this question after we bought an apartment in London Terrace, one of [...]

When Gray Kunz isn't busy serving his eclectic cuisine to New York City diners, he spends time at his upstate weekend house, a former cow barn that was built in [...]

Mary Ellen Carroll has cooked an elaborate meal on a bridge and rotated an entire building, all in the name of art. Next up? The kitchen sink. When people talk [...]

Maria Pergay created a silver candelabrum for Princess Grace of Monaco and a tortoiseshell couch for Pierre Cardin. ''Beauty is like food,'' says Pergay, who is 75. ''I feed my [...]

An admitted novice to textile design, the author and illustrator Maira Kalman (above) doodled (and dawdled) for months over her first fabric design for Maharam, called the Story of My [...]

There are some dento-legal mantras that have, by default, come to be understood as the truth, for example: “If it ain't in the notes, it didn't happen” and “Good records, good defence; poor records, poor defence; no records, no defence.” The opposite view was offered by the trial judge in a dental clinical negligence case in recent years. The judge's view can be summed up as: “If you don't make a note of something that has happened, you leave yourself at risk of proceedings like these.”

High‐resolution velocity measurements were collected within and above two dense canopies of mangrove pneumatophore roots in a wave‐exposed mangrove forest. In both canopies, root density decreased steadily with height above bed owing to the variability in root heights and the tapered shape of the roots. Within the canopies, we consider turbulence within three zones: near the bed above the wave boundary layer, around the mean canopy height, and above the canopy. The near‐bed turbulence was particularly intense (up to 6.5 × 10−4W/kg), likely owing to oscillatory wave‐driven currents flowing past dense vegetation. Near the bed and around the mean canopy height, peaks in horizontal velocity power spectra at frequencies corresponding to Strouhal numbers of ~0.2 may indicate Von Kármán wake shedding in the lee of the pneumatophores. Furthermore, a recirculation zone was observed immediately behind a cluster of pneumatophores at intermediate heights. These coherent flow structures were associated with zones of enhanced Reynolds stresses (up to 5.3 × 10−3m2/s2) and eddy viscosities (up to 1.9 × 10−3m2/s). Large near‐bed stresses were associated with near‐bed drag coefficients that are up to an order of magnitude larger than those expected in the absence of vegetation. Observed eddy viscosities are consistent with theoretical expectations, derived from scaling arguments using a standard mixing‐length model. These results suggest that pneumatophore roots can contribute greatly to turbulent mixing (e.g., eddy viscosities were on average O(10−4–10−3m2/s) and therefore may enhance the sediment transport occurring in mangrove forest fringes. Mangrove forests comprise the dominant plant communities in tropical and subtropical coasts and provide many important physical and biological functions. However, mangrove forests are largely in decline worldwide, and hence, there is interest in rehabilitating or replanting damaged forests. The success rate of these efforts may be improved by understanding the physical forces that shape mangrove ecosystems. In this study, we deployed several high‐resolution velocity sensors within the pneumatophore roots of a coastal mangrove forest in the lower Mekong Delta, Vietnam. From velocity measurements, we assessed the spatial distribution of turbulence that formed in the wake of the roots when they were submerged during the rising or falling tide. We found that enhanced turbulence was associated with denser vegetation, particularly near the bed. This result indicates that pneumatophore roots do not necessarily shelter the bed from erosional forces and instead may enhance sediment transport occurring within the forest. Turbulent dissipation, Reynolds stress, and eddy viscosity are enhanced near the bed within clusters of mangrove pneumatophore rootsEddy viscosities up to 1.9 x 10‐3m2/s were estimated within the vegetationPneumatophore roots may inhibit sediment deposition, which contradicts the expectation that dense vegetation promotes sediment retention

In total, 42 Third System forts were built along the east coast of the USA between 1816 and 1867. Because of their purpose, to defend key locations against potential British amphibious assault, their sites were limited to islands, shoals, shorelines, riverbanks or hilltops. Sited along the Atlantic and Gulf of Mexico coastlines, many are constructed upon distinctive geomorphological landforms that are related more to features influenced by Quaternary glaciation or sea-level changes than by pre-Quaternary bedrock. A selection of forts is described to illustrate the principal geological and geomorphological features that influenced their construction: at Boston Harbor in Massachusetts on drumlins, near New York City on moraine and at Fort Pulaski protecting Savannah Harbor in Georgia on saltmarsh. Further south, Fort Clinch in northern Florida, forts guarding Pensacola Bay in western Florida and the entrance to Mobile Bay in the Gulf region, and Fort Massachusetts on Ship Island, Mississippi, were all primarily situated on Holocene barrier islands. Construction, use and 1861–65 Civil War threats to these forts can be directly related to their geomorphological context. Although all are now redundant, most remain as a remarkable and highly visible aspect of the military history of the USA.

The linear-ubiquitin chain assembly complex (LUBAC) modulates signalling via various immune receptors. In tumour necrosis factor (TNF) signalling, linear (also known as M1) ubiquitin enables full gene activation and prevents cell death. However, the mechanisms underlying cell death prevention remain ill-defined. Here, we show that LUBAC activity enables TBK1 and IKKε recruitment to and activation at the TNF receptor 1 signalling complex (TNFR1-SC). While exerting only limited effects on TNF-induced gene activation, TBK1 and IKKε are essential to prevent TNF-induced cell death. Mechanistically, TBK1 and IKKε phosphorylate the kinase RIPK1 in the TNFR1-SC, thereby preventing RIPK1-dependent cell death. This activity is essential in vivo, as it prevents TNF-induced lethal shock. Strikingly, NEMO (also known as IKKγ), which mostly, but not exclusively, binds the TNFR1-SC via M1 ubiquitin, mediates the recruitment of the adaptors TANK and NAP1 (also known as AZI2). TANK is constitutively associated with both TBK1 and IKKε, while NAP1 is associated with TBK1. We discovered a previously unrecognized cell death checkpoint that is mediated by TBK1 and IKKε, and uncovered an essential survival function for NEMO, whereby it enables the recruitment and activation of these non-canonical IKKs to prevent TNF-induced cell death.

Is it possible to remodel and still be a model neighbor? You're off to a good start if you brush up on your diplomacy. NOT TOO LONG AGO, on a […]