Digital Commons Network^™

The "Constitution Of Opportunity" In Politics And In The Courts, Cynthia Estlund

Faculty Articles

Here is a proposition that most American progressives today would endorse: Widely shared economic opportunity and a broad middle class flanked by neither an underclass nor an oligarchic overclass are essential to the health of our polity. Joseph Fishkin and William Forbath, in their book in progress, are brilliantly excavating a once-powerful, mostly forgotten vein of constitutional thought that so held. What has been mostly forgotten, and what Fishkin and Forbath hope to revive, is precisely the constitutional import of issues of political economy—of economic inequality, mobility, and opportunity. The forgetting is part of what they are up against in …

Rights And Regulation: The Evolution Of Sexual Regulation, Melissa Murray

Faculty Articles

Since it was decided in 2003, Lawrence v. Texas has underwritten the effort to expand access to marriage to same-sex couples. It is curious that Lawrence has served as a foundation for same-sex marriage. After all, Lawrence was not a case about marriage—samesex or otherwise. Instead, Lawrence was a case about criminal sex and more specifically about limiting the state’s authority to regulate and punish nonmarital sex and sexuality. In short, Lawrence was a case about sexual liberty. The focus on Lawrence as a way station to samesex marriage has allowed us to overlook a developing threat to Lawrence’s values …

Where's The Fire?, Burt Neuborne

Faculty Articles

Part I of this article provides a snapshot of the current state of free speech protection, briefly noting the seminal cases, and summarizing free speech jurisprudence since the emergence of modern strict scrutiny in Brandenburg, Cohen v. California, and Texas v. Johnson. Part II reviews the speech-protective rules—both facial and as applied—that First Amendment lawyers like me routinely invoke in modern free speech cases. Part III briefly describes the five First Amendment procedural corollaries and the seminal cases in which the Court first recognized them. I argue that, given the purpose for which they were created, the procedural corollaries, especially …

Little Citizens And Their Families, Peggy C. Davis

Faculty Articles

Professor Davis comments on the usefulness of the concept of human dignity in calibrating governments’ and families’ competing authority over, and complementary duty towards, their children.

A Reexamination Of The Constitutional Person, William R. Avery

Saint Louis University Public Law Review

No abstract provided.

Medicaid, Managed Care, And The Mission For The Poor, John V. Jacobi

Saint Louis University Journal of Health Law & Policy

Medicaid has financed care for the poor for five decades. During that time it has balanced two important missions: providing for the particular health needs of the poor, and mainstreaming care for the poor. These roles have been consistent as all insurance payors—public and private—have shifted away from passively funding fragmented care to actively supporting patient-centered coordinated care. But the health needs of the poor go beyond medical interventions; the health status of the poor depends on the provision of social services to address social determinants of health, including housing, nutrition, and employment training services. Unlike non-poor insureds, Medicaid beneficiaries …

A False Sense Of Safety: How The Drug Quality And Security Act Fails To Protect Patients From Harm, Tyler Dinkelaker

Saint Louis University Journal of Health Law & Policy

For many years, the art of pharmaceutical compounding in the United States has been largely an overlooked and under regulated industry providing millions of patients each year with customized medications. Only after piecemeal enforcement resulted in hundreds of injuries and deaths in an event known as the New England Compounding Center Tragedy, did legislators and regulatory agencies refocus attention on current regulations in pharmaceutical compounding. Congress passed the Drug Quality and Security Act providing clarification for state and federal agencies as to their specific regulatory authority and responsibility to ensure patient safety in pharmaceutical compounding. However, the Drug Quality and …

Lgbtq Inclusion As An Outcome Of Critical Pedagogy, Michelle L. Page

Education Publications

Students who identify as lesbian, gay, bisexual, transgender, or queer (LGBTQ) are at greater personal and academic risk than their heterosexual peers (Kosciw et al.., 2014). Many experience a negative school environment and few see themselves represented in the curriculum. According to the literature, few English/Language Arts teachers are utilizing LGBTQ-focused texts in their courses (Blackburn & Buckley, 2005; Page, 2014). This case study demonstrates how one English/Language Arts teacher provided challenging, safe, inclusive educational experiences for students. In so doing, the instructor also provides an example of critical pedagogy in practice. The multiple strands of the teacher’s instructional approach …

Hannah Arendt And The Political Meaning Of Human Dignity, John Macready

Staff Publications

In Hannah Arendt and the Fragility of Human Dignity, Professor John Douglas Macready offers a post-foundational account of human dignity by way of a reconstructive reading of Hannah Arendt. He argues that Arendt’s experience of political violence and genocide in the twentieth century, as well as her experience as a stateless person, led her to rethink human dignity as an intersubjective event of political experience. By tracing the contours of Arendt’s thoughts on human dignity through a close reading of her published works, letters, lectures, and journals, Professor Macready offers convincing evidence that Arendt was engaged in retrieving the political …

Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy

Criminal Law Practitioner

No abstract provided.

Discovery Of Novel Compound From Cytotoxic Active Plants, Suraj Kumar Pokharel

Theses

The phytochemical study of extracts of cytotoxic active plant species Drypetes lasiogyna and Tabebuia bahamensis species from Paluma rainforest, Northern Queensland, Australia and Abaco Island, Bahamas, respectively, has been carried out where separation, identification and characterization of chemical components were done by applying chromatographic and spectroscopic techniques. The pharmacologically active components isolated from Drypetes lasiogyna include novel compound 5α-dammar-20-ene-24,25-diol-3-yl caffeate along with 5α-dammar-20-ene-3β,24,25-triol and friedelin whereas taraxeryl acetate was extracted from Tabebuia bahamensis. 5α-Dammar-20-ene-3β,24,25-triol was shown to have good cytotoxic activity against cancer cell lines 5637, MCF-7 and MDA-MB-231 with % kill of 100%, 89.65% and 69.98%, respectively. On the …

The Effects Of Trumpet Construction On Literature From Antiquity Through The Classical Period, Chase T. Christensen

Undergraduate Research Journal

A trumpet’s construction is fundamental to its distinct tone color. Over a period of centuries, this tone color and its resonant qualities have changed as the trumpet’s construction has changed. These changes are also reflected in the purpose and function of the instrument in society, as well as in the actual music written for it. While the design of the B-flat trumpet as it is known today was not finalized until the mid-20th century, some of the most progressive changes in trumpet construction and literature have occurred between the first known iterations of the instrument during antiquity and what is …

From Avoiding ‘Double Taxation’ Yesterday To Avoiding ‘Double Non-Taxation’ Today: The Urgent Need For An International Tax Regime Based On Unitary Tax Principles, Zachée Pouga Tinhaga

SJD Dissertations

The purpose of this Dissertation is to analyze the current ills of the international tax system with a special focus on developing countries, and to structure and present a Unitary Taxation System (“UT”) as a solution to the legitimate and multifaceted complaints about current international taxation of multinational companies (“MNEs”). The research aims at presenting a UT that would restore credibility in the international tax arena by providing fiscal predictability and certainty to MNEs, and ensuring appropriate taxation by all countries (specifically developing nations) of all “real” economic activity within their borders. Although this issue has been previously explored, there …

Effect Of Twisted Fiber Anisotropy In Cardiac Tissue On Ablation With Pulsed Electric Fields, Fei Xie, Christian W. Zemlin

Bioelectrics Publications

Background: Ablation of cardiac tissue with pulsed electric fields is a promising alternative to current thermal ablation methods, and it critically depends on the electric field distribution in the heart.

Methods: We developed a model that incorporates the twisted anisotropy of cardiac tissue and computed the electric field distribution in the tissue. We also performed experiments in rabbit ventricles to validate our model. We find that the model agrees well with the experimentally determined ablation volume if we assume that all tissue that is exposed to a field greater than 3 kV/cm is ablated. In our numerical analysis, we considered …

Plasma-Activated Air Mediates Plasmid Dna Delivery In Vivo, Chelsea M. Edelblute, Loree C. Heller, Muhammad A. Malik, Anna Bulysheva, Richard Heller

Bioelectrics Publications

Plasma-activated air (PAA) provides a noncontact DNA transfer platform. In the current study, PAA was used for the delivery of plasmid DNA in a 3D human skin model, as well as in vivo. Delivery of plasmid DNA encoding luciferase to recellularized dermal constructs was enhanced, resulting in a fourfold increase in luciferase expression over 120 hours compared to injection only (P < 0.05). Delivery of plasmid DNA encoding green fluorescent protein (GFP) was confirmed in the epidermal layers of the construct. In vivo experiments were performed in BALB/c mice, with skin as the delivery target. PAA exposure significantly enhanced luciferase expression levels 460-fold in exposed sites compared to levels obtained from the injection of plasmid DNA alone (P < 0.001). Expression levels were enhanced when the plasma reactor was positioned more distant from the injection site. Delivery of plasmid DNA encoding GFP to mouse skin was confirmed by immunostaining, where a 3-minute exposure at a 10 mm distance displayed delivery distribution deep within the dermal layers compared to an exposure at 3 mm where GFP expression was localized within the epidermis. Our findings suggest PAA-mediated delivery warrants further exploration as an alternative approach for DNA transfer for skin targets.

The Cytotoxic Synergy Of Nanosecond Electric Pulses And Low Temperature Leads To Apoptosis, Claudia Muratori, Andrei G. Pakhomov, Elena C. Gianulis, Sarah D. Jensen, Olga N. Pakhomova

Bioelectrics Publications

Electroporation by nanosecond electric pulses (nsEP) is an emerging modality for tumor ablation. Here we show the efficient induction of apoptosis even by a non-toxic nsEP exposure when it is followed by a 30-min chilling on ice. This chilling itself had no impact on the survival of U-937 or HPAF-II cells, but caused more than 75% lethality in nsEP-treated cells (300 ns, 1.8-7 kV/cm, 50-700 pulses). The cell death was largely delayed by 5-23 hr and was accompanied by a 5-fold activation of caspase 3/7 (compared to nsEP without chilling) and more than 60% cleavage of poly-ADP ribose polymerase (compared …

Cytosolic Dna Sensor Upregulation Accompanies Dna Electrotransfer In B16.F10 Melanoma Cells, Katarina Znidar, Masa Bosnjak, Maja Cemazar, Loree C. Heller

Bioelectrics Publications

In several preclinical tumor models, antitumor effects occur after intratumoral electroporation, also known as electrotransfer, of plasmid DNA devoid of a therapeutic gene. In mouse melanomas, these effects are preceded by significant elevation of several proinflammatory cytokines. These observations implicate the binding and activation of intracellular DNA-specific pattern recognition receptors or DNA sensors in response to DNA electrotransfer. In tumors, IFN β mRNA and protein levels significantly increased. The mRNAs of several DNA sensors were detected, and DAI, DDX60, and p204 tended to be upregulated. These effects were accompanied with reduced tumor growth and increased tumor necrosis. In B16. F10 …

The Bitterroot Socio-Natural Model: Applying Bunkhouse Creek Archaeological Project Data To Test Resilience, Kailin Hatlestad

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Chillisource Game Engine Particle System Study, Angela Gross

Graduate Student Theses, Dissertations, & Professional Papers

The majority of modern game engines utilize intricate objects called particle systems which are a collection of many particles that together represent an object without well-defined surfaces. This thesis discusses the results of studying and stressing particle systems within ChilliSource, an open-source game engine written in C++, with the goal of understanding a complex system and exploring possible optimizations that could be made to it. The studies performed were driven by metrics generated with custom profiling classes that kept track of things like the number of particles rendered, how long the engine spent rendering particles, or even how long a …

Electrosensitization Assists Cell Ablation By Nanosecond Pulsed Electric Field In 3d Cultures, Claudia Muratori, Andrei G. Pakhomov, Shu Xiao, Olga N. Pakhomova

Bioelectrics Publications

Previous studies reported a delayed increase of sensitivity to electroporation (termed "electrosensitization") in mammalian cells that had been subjected to electroporation. Electrosensitization facilitated membrane permeabilization and reduced survival in cell suspensions when the electric pulse treatments were split in fractions. The present study was aimed to visualize the effect of sensitization and establish its utility for cell ablation. We used KLN 205 squamous carcinoma cells embedded in an agarose gel and cell spheroids in Matrigel. A local ablation was created by a train of 200 to 600 of 300-ns pulses (50 Hz, 300-600 V) delivered by a two-needle probe with …

Thermal Assisted In Vivo Gene Electrotransfer, Amy Donate, Anna Bulysheva, Chelsea Edelblute, Derrick Jung, A. Malik, Siqi Quo, Niculina Burcus, Karl Schoenbach, Richard Heller

Bioelectrics Publications

Gene electrotransfer is an effective approach for delivering plasmid DNA to a variety of tissues. Delivery of molecules with electric pulses requires control of the electrical parameters to achieve effective delivery. Since discomfort or tissue damage may occur with high applied voltage, the reduction of the applied voltage while achieving the desired expression may be an important improvement. One possible approach is to combine electrotransfer with exogenously applied heat. Previous work performed in vitro demonstrated that increasing temperature before pulsing can enhance gene expression and made it possible to reduce electric fields while maintaining expression levels. In the study reported …

Constitutional Cases 2015: An Overview, Lorne Sossin

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This contribution reviews the Constitutional Cases issued by the Supreme Court in 2015. The analysis is divided into three parts. In the first part, as in previous years, I begin with an analysis of the year as a whole, identifying noteworthy statistics or trends. In the second part, I explore some specific Constitutional decisions of the Court – especially those revealing important divergences on the Court around the scope and reach of the Canadian Charter of Rights and Freedoms and the premise of Federalism – in greater detail. I conclude, in the third part, with a discussion of the evolving …

The Promise And Limits Of Cooperative Federalism As A Constitutional Principle, Warren J. Newman

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In this article, I shall address the Supreme Court of Canada’s recent jurisprudence on cooperative federalism and its promise for the future, from the perspective of federalism as an underlying constitutional principle. In its jurisprudence, particularly over the past decade, the Court moved from an ostensibly neutral view on what form federalism, as a normative concept, should take, to one of not just tolerating but actively encouraging flexible and cooperative federalism. There are limits to the ambit of cooperative federalism as an organizing principle, and it must be balanced with other principles, including parliamentary sovereignty and the separation of powers, …

Constitutional Constraints On Electoral Reform In Canada:Why Parliament Is (Mostly) Free To Implement A New Voting System, Emmett Macfarlane

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Having promised that the 2015 national election would be the last conducted under the first-past-the-post (“FPTP”) electoral system, the federal government has initiated efforts to find a replacement. A national debate about the various alternatives to FPTP will undoubtedly continue, but a fundamental issue concerns whether Parliament faces any constraints on its authority to implement electoral reform. Two distinct concerns present themselves. First, does a change to the electoral system require a constitutional amendment, and if so, would such an amendment require provincial consent under the general amending procedure in Part V of the Constitution Act, 1982? Second, would certain …

Privacy-Privacy Tradeoffs, David E. Pozen

Faculty Scholarship

Legal and policy debates about privacy revolve around conflicts between privacy and other goods. But privacy also conflicts with itself. Whenever securing privacy on one margin compromises privacy on another margin, a privacy-privacy tradeoff arises.

This Essay introduces the phenomenon of privacy-privacy tradeoffs, with particular attention to their role in NSA surveillance. After explaining why these tradeoffs are pervasive in modern society and developing a typology, the Essay shows that many of the arguments made by the NSA's defenders appeal not only to a national-security need but also to a privacy-privacy tradeoff. An appreciation of these tradeoffs, the Essay contends, …

The Experiences Of Black Mft Doctoral Degree Holders With White Professors: A Phenomenological Study, Juliana M. Deans

Department of Family Therapy Dissertations and Applied Clinical Projects

The purpose of this research is to explore the experiences of Black doctoral degree holders’ interactions with their White professors in a Marriage and Family Therapy (MFT) program. There are a number of studies on the effectiveness of White professors and Black graduate students, but few focus specifically on the field of Marriage and Family Therapy. This study employed existential phenomenological methodology to examine Black MFT doctoral degree holders’ perceptions of their White professors. The experiences of six Black doctoral degree holders who attended COAMFTE-accredited programs were examined. The process involved an in-depth semi-structured interview. The study also revealed five …

Three Supreme Court “Failures” And A Story Of Supreme Court Success, Corinna Barrett Lain

Law Faculty Publications

Plessy v. Ferguson. Buck v. Bell. Korematsu v. United States. Together, these three decisions legitimated ‘separate but equal,’ sanctioned the forced sterilization of thousands, and ratified the removal of Japanese Americans from their homes during World War II. By Erwin Chemerinsky’s measure in The Case Against the Supreme Court, all three are Supreme Court failures—cases in which the Court should have protected vulnerable minorities, but failed to do so. Considered in historical context, however, a dramatically different impression of these cases, and the Supreme Court that decided them, emerges. In two of the cases—Plessy and Buck—the Court’s ruling reflected the …

Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias

Law Faculty Publications

President Barack Obama recently nominated Myra Selby for a vacancy on the U.S. Court of Appeals for the Seventh Circuit. The nominee is a highly accomplished lawyer who has compiled a distinguished record in both the public and private sectors. For example, Selby was the first African American to earn partnership in a substantial Indianapolis law firm, and both the first African American and the first female Justice to serve on the Indiana Supreme Court. Therefore, concerted White House attempts to confirm her were unsurprising. Nonetheless, with 2016 being a presidential election year, delays have inevitably infused appointments, which have …

Death Row, Calls For Indifference, And Redemption Of The Soul, Corinna Barrett Lain

Law Faculty Publications

In this Response, I first engage with McLeod’s article, summarizing its key claims and endorsing its call for legislative action, while disagreeing at times with the analytical moves it makes along the way. I then turn to two questions that the article inspired. One stems from comments in the constitutional, academic, and public discourse calling for indifference to the way we treat the condemned in light of the way they treated their victims. Given the depravity of the crimes the condemned have committed, why should we care about the conditions under which they are housed on death row? The other …

The President As Spiritual Leader: Pardons, Punishment, Forgiveness, Mercy, And Justice, Henry L. Chambers Jr.

Law Faculty Publications

The Constitution of the United States empowers the president of the United States to curtail or eliminate punishment for actual or possible federal criminal wrongdoing by issuing pardons. As the quotes that begin this chapter suggest, the nature of a presidential pardon is subject to dispute. A pardon can be thought to be an act of grace or an extension of the president's executive power to administer the criminal justice system, or something in between. This chapter does not resolve the issue, but considers the nature of the pardon power while considering whether or how the president can or should …