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Why do certain hormonal contraceptives increase the risk of HIV?

In recent years, evidence has been building that injectable contraceptive depot medroxyprogesterone acetate (Depo-Provera or DMPA) is associated with an increased risk of HIV infection. Now a study published in the September 1st issue of mBio, an online open-access journal of the American Society for Microbiology, provides a biological explanation for the phenomenon. The findings will help women make more informed choices about birth control. “Before this study, there were all these controversial reports, some showing that DMPA increases the risk of HIV infection and others showing it doesn’t, and there was no biologic explanation for the differences between studies,” said lead author Raina Fichorova, PhD, MD, director of the Division of Genital Tract Biology at Brigham and Women’s Hospital and associate professor of obstetrics and gynecology and reproductive biology at Harvard Medical School, Boston. “This new study offers an explanation for the inconsistent studies, and it lies in the microbial communities of the reproductive tract.” The researchers analyzed cervical swabs and data from 823 women, between the ages of 18 and 35, who were HIV negative and enrolled in family planning clinics in Uganda and Zimbabwe. Roughly 200 women in this cohort became HIV infected. Women were divided into three groups, those who used DMPA, those who used estrogen-progesterone oral contraceptives, and those who used no hormonal contraceptives. Within each of these groups, the investigators compared results for women with a healthy vaginal environment (dominated by Lactobacillus-morphotypes and free of bacterial vaginosis) to women who had a disturbed vaginal microbioata or an infection from bacteria, fungi or parasites.

Stronger working memory and reduced sexual risk-taking in adolescents

Teenagers vary substantially in their ability to control impulses and regulate their behavior. Adolescents who have difficulty with impulse control may be more prone to risky sexual behavior, with serious consequences such as sexually transmitted diseases and unintended pregnancies. A new study has found that individual differences in working memory can predict both early sexual activity and unprotected sexual involvement during adolescence. Working memory - the system in the brain that allows individuals to draw on and use information to plan and make decisions - develops through childhood and adolescence. The new study found that adolescents with weaker working memory have more difficulty controlling their impulsive urges and considering the consequences of their behaviors. The study was carried out by researchers at the University of Oregon, the University of Pennsylvania, and the Children’s Hospital of Philadelphia. It appears in the journal Child Development. Prior research in this field has linked impulsivity and lack of self-control to risky behaviors during adolescence. This study builds on earlier findings, focusing instead on cognitive abilities, such as the ability to concentrate on tasks and filter out distractions, which rely on working memory.

Lower heart rate variability turns women off

Chances are good that women with a low heart rate variability also suffer from sexual dysfunction. That’s the finding from a study led by Amelia Stanton of The University of Texas at Austin in the US published in Springer’s journal Applied Psychophysiology and Biofeedback. Heart rate variability refers to differences in the length of time between consecutive heartbeats. It is one of the most sensitive and objective measures of the interplay between the sympathetic nervous system (which activates the so-called fight or flight response) and the parasympathetic nervous system (which regulates the body’s unconscious actions such as heart beat and breathing). Together, these form the autonomic nervous system. If this is in balance and functioning properly, a person will be able to adapt to physiological or environmental changes and stresses when needed. Heart rate variability, in particular, plays a role in female sexual arousal function. It is a marker of a healthy heart and the body’s ability to modulate blood pressure appropriately within various contexts. This is important because sexual arousal is largely a matter of the selective manipulation of blood pressure in the genitals. Heart rate variability also relates to the processing of emotional cues. In this context, low resting heart rate variability may reflect poor emotional health and vice versa.

Many older adults going online to discuss, learn about sex

Forget those ageist stereotypes that senior citizens have little interest in sex and are befuddled by technology. Many older adults are going online to dish about the joys of sex and swap advice about keeping their mojos working well into their twilight years, a new study found. “Many older people preserve both a high interest in sex and a high involvement in sexual activities,” said researcher Liza Berdychevsky, a professor of recreation, sport and tourism at the University of Illinois who researches sexual behavior and well-being. “The popularity of sex-related discussions in seniors’ online communities suggests that, in a reality of limited alternatives for open and direct sex-related communication, seniors are finding channels to satisfy their needs for information and support.” Berdychevsky and co-author Galit Nimrod, a faculty member at Ben-Gurion University of the Negev, Israel, conducted an online ethnographic study - or netnography - in which they examined discussions of sexual topics in 14 online communities geared toward adults age 50 and older. Seven of the websites were based in the U.S., four in the U.K., two in Canada and one in Australia.

The first fraction of ejaculate is the most effective for conception

Sperm in the first fraction of ejaculate are more numerous, move more and present better quality DNA than those lagging behind. This is the conclusion of a study led by the Ginemed fertility clinic, which confirms that while the objective of the first fraction is to fertilise the egg, the second phase is so that no sperm from any other male has a chance to fertilise it. A study led by the Ginemed Assisted Human Reproduction Clinic analyses the advantages of using fractions of ejaculate separately in in-vitro fertilisation as a way to improve the sample of the semen. The researchers’ hypothesis was that, comparing the different fractions of semen in an ejaculation, the first would contain sperm with better seminal parameters and could be used as an effective method for selecting sperm prior to fertilisation.

Caffeine intake associated with reduced levels of erectile dysfunction

Men who drink the equivalent caffeine level of two to three cups of coffee a day are less likely to have erectile dysfunction (ED), according to researchers from The University of Texas Health Science Center at Houston (UTHealth). The results of a study published recently in PLOS ONE found that men who consumed between 85 and 170 milligrams of caffeine a day were 42 percent less likely to report ED, while those who drank between 171 and 303 milligrams of caffeine a day were 39 percent less likely to report ED compared to those who drank zero to seven milligrams a day. This trend was also true among overweight, obese and hypertensive men. “Even though we saw a reduction in the prevalence of ED with men who were obese, overweight and hypertensive, that was not true of men with diabetes. Diabetes is one of the strongest risk factors for ED, so this was not surprising,” said David S. Lopez, Dr.P.H., M.P.H., lead author and assistant professor at UTHealth School of Public Health.

Changing attitudes about sex

Acceptance of premarital sex is at an all-time high along with an acceptance of homosexuality, find researchers led by Jean M. Twenge from San Diego State University. The researchers - also including Ryne Sherman from Florida Atlantic University and Brooke E. Wells from Hunter College - analyzed data from the General Social Survey, a nationally representative survey of more than 33,000 U.S. adults taken between 1972 and 2012. They found substantial generational shifts in attitudes toward non-marital sex and number of sexual partners. The results were published today in the Archives of Sexual Behavior. “The changes are primarily due to generation - suggesting people develop their sexual attitudes while young, rather than everyone of all ages changing at the same time,” said Twenge, who is also the author of “Generation Me.” “This has caused a large generation gap in both attitudes toward premarital sex and number of sexual partners,” she said.

New study reveals mixed picture on the effectiveness of Viagra and related drugs

Viagra and other related drugs are not a universal ‘cure-all’ for impotence, according to a new study from The University of Manchester and NatCen Social Research. Drugs, clinically known as oral phosphodiesterase type 5 inhibitors (PDE5i), have become the first-line medical treatment option for sufferers of erectile dysfunction (ED) - also known as impotence - since entering the UK market in 1998. An abundance of studies has demonstrated the effectiveness of such drugs. But researchers at The University of Manchester, who have studied the responses of more than 2,600 English men (aged 50-87 years), suggest that restoring ED pharmacologically is not a ‘cure-all’. Lead author of the study, Dr David Lee, found that older sufferers of ED who had used Viagra, or similar drugs such as Cialis and Levitra, still expressed concern or dissatisfaction with their sex lives.

Breastfeeding women and sex: Higher sex drive or relationship management?

New mothers in the Philippines spend more time in the bedroom with their partner in the first few weeks after giving birth than they did before they became pregnant. This might be a type of survival strategy to keep the relationships with the fathers of their new babies alive and well, to ensure continued support for their offspring. So says Michelle Escasa-Dorne of the University of Colorado in the US, after studying how women from a society with a low divorce rate such as the Philippines adapt to being both mothers and lovers. The study appears in Springer’s journal Human Nature. A range of studies previously conducted on how women in Western societies experience the first six weeks after giving birth show that they tend to devote more time to their offspring’s well-being than to their partner. This leads to lower relationship satisfaction and less intercourse between partners, and a clear shift from so-called mating efforts to parenting efforts. Escasa-Dorne set out to understand if similar trends are also found among women in a non-Western population with a low divorce rate. She questioned 260 women who were in a relationship and living in the Philippines’ capital of Manila. Of these, 155 women still breastfed. They completed questionnaires about their sexual functioning and menstrual cycles, as well as about how satisfied and committed they were in their current relationships. The women were between 18 and 35 years old, mostly married, well-educated, and had on average two or three children. Breastfeeding women who had already resumed having their periods were more sexually active and committed than others.

Statins and Your Sex Life

The science on statins and sexual function is inconclusive, but it does appear that taking a statin may sometimes affect a person’s sex life. On the plus side, some men report improved erections when their high cholesterol was treated with statins, said Dr. Steven Nissen, chairman of the department of cardiology at the Cleveland Clinic. It is plausible that lowering cholesterol improves the function of the cells that line blood vessels, which could help erectile function, he said. But a 2008 report from the University of California, San Diego, tells a different story. Researchers looked at statin use and sexual function in 1,000 men and women, half of whom were given a statin and half of whom took a placebo. Over all, men on statins were about twice as likely as those taking placebos to report that their ability to achieve orgasm had become “somewhat worse” or “much worse.” Dr. Beatrice Golomb, a professor at the University of California, San Diego, medical school, who helped conduct that study, says doctors don’t always take patients seriously when they talk about side effects, sexual or otherwise. In other research, Dr. Golomb found that when patients complained about the most commonly recognized side effects of statins, their doctors denied the possibility of a connection more than half the time.

Sexual dysfunction inadequately reported in hair loss drug trials

Published reports of clinical trials provide insufficient information to adequately establish the safety of finasteride for treatment of hair loss in men, according to a new Northwestern Medicine study to be published April 1 in JAMA Dermatology. This study is the first meta-analysis of the quality of safety reporting in clinical trials of finasteride for treatment of male hair loss. Finasteride blocks 5α-reductase in the scalp and male reproductive organs, inhibiting the conversion of the male hormone testosterone to its more potent form, 5α-dihydrotestosterone (5α- DHT). Men who take finasteride experience a 70 percent reduction in the amount of 5α-DHT in their blood. Not one of the 34 published clinical trial reports provided adequate information about the severity, frequency or reversibility of sexual adverse effects. (Adequate quality of adverse event reporting requires using an explicit toxicity scale to grade adverse event severity and reported numbers and/or rates of occurrence for each specific type of adverse event per study arm.)

What effect does music TV have on the sexual behavior of teenage boys and girls?

There is no doubt that teenage boys and girls are swayed and shaped by music TV. For example, sexually active youth of both genders, after watching music TV, think their peers are sexually active, too. Moreover, when girls and boys perceive males in music videos as being sexually active, it makes boys watch more music TV, and girls watch less. These are some of the surprising findings from a study conducted at the Catholic University of Leuven in Belgium, published in Springer’s journal Sex Roles. The results question the frequently reported blanket influence of the mass media on teenagers’ sexual behavior. Watching music videos is a popular pastime of European and American teenagers. It does however receive its fair share of criticism for having too much sexual content, for objectifying women and for promoting a recreational view of sexual activities involving active men. It has been linked to teenagers’ becoming sexually active earlier in life. Over the course of one year, the researchers gathered information three times from 515 Belgian teenagers between the ages of 12 and 15 years old. They were asked how much music television they watched, how sexually active they were and indeed also how sexually active they thought their peers were. The researchers found that watching sexual music videos only had an effect on the sexual behavior of teenage boys, but not so on girls. The believe such behavior is influenced by the sexual scripts of music videos, which tend to show men taking the more active role in any sexual interaction.

Physical labor, hypertension and multiple meds may reduce male fertility

Working in a physically demanding job, having high blood pressure, and taking multiple medications are among health risks that may undermine a man’s fertility, according to a study by researchers at the National Institutes of Health and Stanford University, Stanford, California. The study is the first to examine the relationships between workplace exertion, health, and semen quality as men are trying to conceive. The results were published online in Fertility and Sterility. “Nearly 15 percent of U.S. couples do not become pregnant in their first year of trying,” said Germaine Buck Louis, Ph.D., the study’s senior author and director of the Division of Intramural Population Health Research at NIH’s Eunice Kennedy Shriver National Institute of Child Health and Human Development. “Male infertility plays a significant role, and our aim is to explore the influence of environmental factors and health status on semen quality.” Semen quality is a measure of a man’s ability to achieve fertilization and is based on the number, shape, and movement ability of sperm, as well as other factors. The investigators followed more than 500 couples in Texas and Michigan over a yearlong period. The couples were in committed relationships and stopped using contraception. All male participants completed preliminary interviews in which they were asked about their reproductive history, health, lifestyle and occupational activity. Most of the men provided a semen sample for analysis.

Marital ‘long-timers’ have a ‘modest rebound’ in sexual frequency after 50 years

While people in the early years of marriage have sex more frequently, and their sexual activity tapers off over time, a slight rebound occurs for those whose marriages endure longer than half a century, according to new research. The study also found that people who remain in their first marriages have sex more frequently than those who remarry. But frequency aside, marriage order made no difference when it came to actual physical pleasure and emotional satisfaction, said researchers from Louisiana State University, Florida State University and Baylor University. Their study -  “Marital Characteristics and the Sexual Relationships of U.S. Older Adults: An Analysis of National Social Life, Health and Aging Project Data” -  is published in the journal Archives of Sexual Behavior, the official publication of the International Academy of Sex Research. Researchers analyzed the relationship between marital characteristics and sexual outcomes among 1,656 married adults ages 57-85, using data from the first wave of the National Social Life, Health and Aging Project. They noted that people who survive until their 50th year of marriage -  among whom the slight rebound occurred -  are relatively few in number.

HPV vaccination not linked to riskier sex

Receiving the human papillomavirus vaccine does not increase rates of sexually transmitted infections (STIs) in adolescent females. The vaccine, which can prevent cervical cancer in women, has had a low uptake, partly because of concerns about how it will affect adolescent sexual activity. The findings, based on investigations by researchers at Harvard Medical School and the University of Sothern California, published today in JAMA Internal Medicine, suggest that the vaccine does not promote risky sexual behaviors among those who have received the vaccine. “Since this is one of the few medications ever developed that can actually prevent cancer, it’s good to be able to reassure parents, physicians and policymakers that the vaccine does not promote unsafe sexual practices among girls and young women,” said Anupam Jena, assistant professor of health care policy at HMS, internist at Massachusetts General Hospital and faculty research fellow at the National Bureau of Economic Research. In Australia, which has instituted a national policy of mandatory HPV vaccination, delivered for free through the schools, more than 80 percent of girls ages 14-16 have received at least one of the three recommended doses of the vaccine. In the U.S., the same-dosage rate for girls ages 13-17 is 57.3 percent.

Closing Out

Well, I have left private practice and have taken a job with the US Attorney's Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news.

Merry Christmas.

Constitutional issues with Clinton appointment???

"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."

Clinton was in the Senate when a pay increase passed for Secretary of State. Thus, under this clause, she is not eligible for the office. This situation has come up in the past and Congress has simply passed a law reducing the salary to what it was before.

The LA Times has more on this issue here.

Who will Obama appoint to SCOTUS?

The LA Times has this article.

The top three are:

Judges Diane Wood, 58, of the U.S. appeals court in Chicago;

Judge Sonia Sotomayor, 54, of the U.S. appeals court in New York;

and Elena Kagan, 48, dean of Harvard Law School.

Billy Wilkins' return to the courtroom as a lawyer meets with success

From the Greenville News:

William W. aBillya Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as part of a an agreement that the suit alleges is aunconscionablea and could threaten the companyas solvency if carried out.

The agreement would pay Whittle $10 million following his retirement in October, attorneys said in court Tuesday during a hearing before Circuit Judge John Few, who denied shareholder Vernon Mercieras request for the restraining order.

Not surprisingly, Wilkins's stock as an advocate is rising.

SCOTUS vacates injunction against Naval use of sonar

Last week, the United States Supreme Court issued its first opinion of the new term: Winter v. Natural Resources Defense Council. This case concerned the Navyas use of mid frequency active sonar, which transmits sound waves at various frequencies. This type of sonar is used in Naval exercises, including training and tracking of submarines. The Ninth Circuit Court of Appeals upheld a preliminary injunction imposing restrictions on the Navyas sonar training, even though the record contained no evidence that marine mammals have been harmed by the activity. In arguing against the injunction, the Navy emphasized that it had used sonar during training exercises off the coast of California for forty (40) years, without a single documented injury to a marine mammal.

The injunction issued based on the Navyas alleged violation of the National Environmental Policy Act of 1969, which requires federal agencies to the fullest extent possible to draft an environmental impact statement for every major federal action affecting the quality of the human environment. The areas of the injunction that were in contention required the sonar to be shut down when a marine mammal was spotted within 2,200 yards of a vessel, and the requirement that the sonar be powered down during significant surface ducting conditions, in which sound travels further than it otherwise would due to temperature differences in adjacent layers of water.

In reversing and vacating the injunction, the Supreme Court noted that the District Court and Court of Appeals held that when a plaintiff demonstrates a strong likelihood of prevailing on the merits, a preliminary injunction may be entered based only on a apossibilitya of irreparable harm. The Supreme Court held that the preliminary injunction standard requires plaintiff seeking relief to demonstrate that irreparable injury is likely in the absence of an injunction. The issuing of a preliminary injunction based only on a possibility of irreparable harm is inconsistent with the courtas characterization of injunctive relief as an extraordinary remedy that may be awarded upon a clear showing that plaintiff is entitled to such relief.

The Supreme Court went on to note that even if the plaintiffs had shown irreparable injury from the training exercises, such an injury was outweighed by the public interest and the Navyas interest in effective, realistic training of its sailors. The court cited testimony from several Naval officers who emphasized that realistic training cannot be accomplished under the two challenged for civic restrictions imposed by the District Court.

Obama could transform the Fourth Circuit

A snippet from the Richmond Times:

As president, Barack Obama and a new U.S. Senate could transform the Richmond-based 4th U.S. Circuit Court of Appeals, long one of the most conservative in the country.

President Bush failed to fill four vacancies on the 15-judge court, which decides cases on issues such as abortion, the death penalty and terrorism.

The Bush administration steered terrorism cases to the court, where it largely has been successful in protecting the president's national-security powers, though not always.

Six of the court's current judges were appointed by Republican presidents and five by Democrats.

Judgment not necessary to pierce corporate veil

In Drury Development v. Foundation Insurance, the South Carolina Supreme Court answered the following certified question: whether a judgment against a corporation is a prerequisite to an alter ego claim. This question has come up often in South Carolina. Frequently, plaintiffs attempt to demand many financial documents of a corporation early in discovery on the basis of an alter ego claim. Defendants often counter that this discovery is premature and improper because no judgment has been entered against the corporation and therefore the issue of veil piercing cannot come up.

Noting that veil-piercing is a form of equitable relief, the South Carolina Supreme Court refused to impose "rigid rules of law to seek substantial justice." The court ultimately held that "so long as the plaintiff has pled facts sufficient to survive a motion to dismiss as to the corporate liability claims and the alter ego claim, the trial court should move forward to determination of both matters."

Voter registration drives

Here is an interesting take on the voter registration movement and the duties of citizenship.

SC Supreme Court says that dreadlocks is insufficient reason to strike juror

In McCrea v. Gheraibeh, the South Carolina Supreme Court reversed the denial of a Batson Motion and remanded the case for a new trial. This case arose out of an automobile accident. When three of six potential black jurors were struck, a Batson Motion was made. During the hearing, the lawyer striking the jurors stated that he struck one man with dreadlocks because he was uneasy about him. In accepting counselas explanation, the trial court stated that he knew both of the attorneys, was aware of their reputations in the community, and that he did not believe that the attorney would engage in racially high motivated conducted. Therefore, the trial judge accepted the auneasinessa argument regarding the dreadlocks.

In reversing on grounds of Batson, the Supreme Court held that uneasiness over dreadlocks was not a race-neutral reason for striking someone. Regardless of their gradual infiltration into mainstream American society, the court stated that dreadlocks retained their roots as a religious and social symbol of black culture. Hence, no race-neutral reason for striking the juror was offered.

Court of Appeals issues opinion on 43k settlements

The following settlement was put on record just before trial:

Your Honor, the settlement thatas been reached is that this case will be dismissed with prejudice by an order of dismissal with prejudice to be consented to by the parties and signed by your honor.

Furthermore, the defendants, each and every one of them, will consent to and sign and deliver to me a confession of judgment which will provide for the payment of $165,000 within 18 months. And there will be additional payment terms in there, $25,000 of the 165 within 30 days.


Further, in kind consideration, in addition to the 165,000 the return of 15 rugs, three of which shall be room size Herizes, the confession of judgment will have an attorneyas fee provision that in the event of default, that the cost of enforcing the judgment or collecting the judgment will be recoverable.

And, finally, the confession of judgment will have a no contest stipulation. If itas required to be domesticated in some state other than South Carolina, the defendants agree not to contest the domestication.



Some weeks after this was put on the record, the parties disputed whether interest was applicable. The court of appeals held that even though interest was not mentioned, it was applicable. The court of appeals held that interest was applicable: "However, interest is provided for by statute. Section 34-31-20(A) provides '[i]n all cases of accounts stated and in all cases wherein any sum or sums of money shall be ascertained and, being due, shall draw interest according to law, the legal interest shall be at the rate of eight and three-fourths percent per annum.'"

The case is Vista Antiques v. Noaha.

Can McCain or Obama Turn the Supreme Court?

Law.com offers this analysis.

SC Supreme Court affirms conviction of criminal solicitation of a minor

In State v. Gaines, the South Carolina Supreme Court upheld a conviction under our recently enacted Criminal Solicitation of a Minor statute. Gaines was an Internet predator who used AOL chat rooms to engage in conversations with young girls. Unknown to Gaines, two of the friends he met on line were police officers. A police officer in Pennsylvania reported his conduct to authorities in South Carolina, and an officer in South Carolina contacted Gaines via AOL. The officer pretended to be a 13 year old girl and Gaines suggested they meet for sex.
After conviction, Gaines appealed and argued that the evidence regarding the chats with the officer in Pennsylvania should have been inadmissible. This contention was rejected because under Rule 404(b) crimes or evidence crimes, wrongs, or acts similar to those that the defendant is on trial for, can be admitted to show motive, identity, or the existence of a common plan or scheme.

Gaines also argued he was entitled to an entrapment instruction. The entrapment defense consists of two elements: (1) government inducement, and (2) lack of pre-disposition. Gaines argued that because the South Carolina police officer first contacted him with the message "Hey" constituted entrapment. The Supreme Court disagreed and said that the initial contact merely afforded Gaines the opportunity to solicit sex. He was in no way induced to commit the crime of criminal solicitation with a minor.

Supreme Court hears case about Navy sonar and whales

From the LA Times:

The Supreme Court justices appeared closely split Wednesday on whether environmental laws can be used to protect whales and other marine mammals from the Navy's use of sonar off the coast of Southern California. A Bush administration lawyer argued that when national security is at stake, the president and his top military commanders are entrusted with setting the rules.

The government is urging the high court to throw out a Los Angeles judge's order that put limits on the Navy's operations. Acting on a suit brought by the Natural Resources Defense Council in Santa Monica, U.S. District Judge Florence-Marie Cooper ordered the Navy to shut down its high-intensity sonar whenever a whale or marine mammal is spotted within 1.25 miles of the ship.

Big Changes at SCOTUS

Law.com has a nice article on the upcoming term and possible changes.

SCOTUS declines to rehear Ban on Execution for Child Rape

The state of Louisiana and the Justice Department had asked the court to reconsider the 5 to 4 decision because the justices had not been presented with what the state and federal government considered an important fact: that Congress in 2006 made child rape a capital offense under military law. This would have perhaps undermined the "national consensus" argument in the majority opinion.

The Court, however, declined to reconsider the issue.

The Washington Post has this article.

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