Legal Interpretation and a Constitutional Case: \u3cem\u3eHome Building & Loan Association v. Blaisdell\u3c/em\u3e

The approaches of Hughes and Sutherland are but two extremes in constitutional interpretation. Though only two results were possible in the case - either the Act was constitutional or it was not - there are more than two methods by which an interpreter could reach those results. This Note explores possible ways of deciding Blaisdell, using the case as a vehicle for delimiting the boundaries of a positive constitutional command. As a sort of empirical investigation of legal philosophy, the Note examines how various interpretive theories affect an interpreter\u27s approach to the case, and the results these theories might mandate. The Note\u27s thesis is that Blaisdell was wrongly decided under any theory of interpretation. After summarizing the Hughes and Sutherland opinions in Part I, the Note proceeds in Part II to discuss the application of three interpretive methods to Blaisdell: textualism, originalism, and contextualism. Part II concludes that all three methods mandate striking down the Minnesota law. Part III examines two schools of legal philosophy - positivism and natural law - to see how the case would be resolved under their respective conceptions of law. This Part questions whether either legal theory can justify the Court\u27s result. Finally, Part IV uses legal realism to account for the Blaisdell decision. This Part argues that though realism accurately describes the Blaisdell decision, the theory normatively justifies the Court\u27s opinion only if one agrees that the interpreter should be wholly unconstrained by positive law. Thus, the Note concludes that Blaisdell is an example of cases in which a court, striving to reach a desired result, ignored the law

The Justice from Beacon Hill: The Life and Times of Oliver Wendell Holmes

A Review of The Justice from Beacon Hill: The Life and Times of Oliver Wendell Holmes by Liva Bake

Dunes on the Navajo Uplands of Northeastern Arizona :

The study area is characterized by nearly horizontal, sedimentary, eolian, sandstone formations with scattered areas of shale. The climate is semi-arid and landforms consist primarily of broad open valleys. A variety of dune types are present, however longitudinal dunes tend to be most common. The area is included almost entirely within the Navajo Reservation where overgrazing has contributed to the destruction of vegetation and the development of dunes.Factor scores from significant variables were used in the classification portion of the discriminant analysis routine and produced the model. The model was tested on 100 new sites to determine its classification ability. Factor scores from the 100 "new" sites were classified according to the model developed on the 100 "original" sites. Of the 18 sites classified as belonging to the group dune, 16 were actual dunes. Sixty-nine of the 82 member non-dune group were correctly classified.Investigation of the selected geomorphic, meteorologic, and lithologic variables and the occurrence of dunes on the Navajo Uplands of Northeastern Arizona yielded a number of interesting insights into the relationship between dunes and the environment responsible for their existence.Fifteen variables were selected as possible indicators of dune occurrence. Analysis of the variables by the hypothesis testing portion of the discriminant analysis routine determined the relationship between means of the dune and non-dune group and the discriminating power of each of the variables. Those variables whose means were not significantly different were rejected from further consideration.As a result of the analysis, it was possible to predict dune prone areas within the study area based upon the physical environmental attributes of specific sites.The 12 significant variables were subjected to factor analysis to determine the relationships between the variables and to produce the independent factor scores necessary for the model development. Four factors were discernable

Involvement of Hypoxia-Inducible Factor-1 in the Inflammatory Responses of Human LAD2 Mast Cells and Basophils

We recently showed that hypoxia-inducible factor 1 (HIF-1) plays a crucial role in the pro-allergic functions of human basophils by transcriptional control of energy metabolism via glycolysis as well as directly triggering expression of the angiogenic cytokine vascular endothelium growth factor (VEGF). Here, we investigated HIF-1 involvement in controlling the synthesis of angiogenic and inflammatory cytokines from various human effector cells stimulated by IgE-dependent or innate immune triggers. Purified primary human basophils, LAD2 human mast cells and THP-1 human myeloid cells were used for investigations of FcεRI and Toll-like receptor (TLR) ligand-induced responses. In contrast to basophils, LAD2 mast cells expressed background levels of HIF-1α, which was largely independent of the effects of stem cell factor (SCF). Both mast cells and basophils expressed TLR2 and 4, albeit weakly compared to THP-1 cells. Cytokine production in mast cells following TLR ligand stimulation was markedly reduced by HIF-1α knockdown in LAD2 mast cells. In contrast, although HIF-1 is involved in IgE-mediated IL-4 secretion from basophils, it is not clearly induced by peptidoglycan (PGN). HIF-1α accumulation is critical for sustaining human allergic effector cell survival and function. This transcription complex facilitates generation of both pro-angiogenic and inflammatory cytokines in mast cells but has a differential role in basophil stimulation comparing IgE-dependent triggering with innate immune stimuli

Murine but Not Human Basophil Undergoes Cell-Specific Proteolysis of a Major Endoplasmic Reticulum Chaperone

Basophil has been implicated in anti-parasite defense, allergy and in polarizing T(H)2 response. Mouse model has been commonly used to study basophil function although the difference between human and mouse basophils is underappreciated. As an essential chaperone for multiple Toll-like receptors and integrins in the endoplasmic reticulum, gp96 also participates in general protein homeostasis and in the ER unfolded protein response to ensure cell survival during stress. The roles of gp96 in basophil development are unknown.We genetically delete gp96 in mice and examined the expression of gp96 in basophils by Western blot and flow cytometry. We compared the expression pattern of gp96 between human and mouse basophils.We found that gp96 was dispensable for murine basophil development. Moreover, gp96 was cleaved by serine protease(s) in murine but not human basophils leading to accumulation of a nun-functional N-terminal ∼50 kDa fragment and striking induction of the unfolded protein response. The alteration of gp96 was unique to basophils and was not observed in any other cell types including mast cells. We also demonstrated that the ectopic expression of a mouse-specific tryptase mMCP11 does not lead to gp96 cleavage in human basophils.Our study revealed a remarkable biochemical event of gp96 silencing in murine but not human basophils, highlighting the need for caution in using mouse models to infer the function of basophils in human immune response. Our study also reveals a novel mechanism of shutting down gp96 post-translationally in regulating its function

Aged mice display altered numbers and phenotype of basophils, and bone marrow-derived basophil activation, with a limited role for aging-associated microbiota

Background: The influence of age on basophils is poorly understood, as well as the effect of aging-associated microbiota on basophils. Therefore, we studied the influence of aging and aging-associated microbiota on basophil frequency and phenotype, and differentiation from basophil precursors. Results: Basophils became more abundant in bone marrow (BM) and spleens of 19-month-old mice compared with 4-month-old mice. Aged basophils tended to express less CD200R3 and more CD123, both in BM and spleen. Differences in microbiota composition with aging were confirmed by 16S sequencing. Microbiota transfers from young and old mice to germ-free recipients revealed that CD11b tended to be lowered on splenic basophils by aging-associated microbiota. Furthermore, abundance of Alistipes, Oscillibacter, Bacteroidetes RC9 gut group, and S24-7 family positively correlated and CD123 expression, whereas Akkermansia abundance negatively correlated with basophils numbers. Subsequently, we purified FcϵRIα+CD11c-CD117- BM-derived basophils and found that those from aged mice expressed lower levels of CD11b upon stimulation. Higher frequencies of IL-4+ basophils were generated from basophil precursors of aged mice, which could be reproduced in basophils derived from germ-free recipients of aging-associated microbiota. Conclusions: Collectively, these results show the influence of aging on basophils. Furthermore, this study shows that aging-associated microbiota altered activation of BM-derived basophils in a similar fashion as observed in BM-derived basophils from aged mice

Study of collective efficacy in award winning schools in Illinois serving racially diverse elementary students

This study examined the collective teacher efficacy in selected elementary schools, specifically exploring the extent to which those schools demonstrate collective efficacy, the nature of collective efficacy in those schools, and the underlying belief systems and tacit assumptions that may inform that efficacy. The first phase of a mixed methods design was used to determine the level of collective efficacy present in eight diverse elementary schools. Through a series of interviews in the second and third phases of the study, I investigated the nature of collective efficacy in those schools and the possibility that underlying belief systems such as deficit thinking may inform beliefs at the school level. My respondents came from eight elementary schools in three northern Illinois school districts serving increasingly diverse student populations. Results from phase 1 of the study provided a range of collective teacher efficacy (CTE) scores for the participating sites and revealed no significant variance in the CTE scores of the eight schools. In phase 2 of the study, interviews were conducted with six building administrators in four selected schools to explore the nature of collective efficacy in their schools and to examine the underlying belief systems from the vantage point of school leaders. In phase 3 of the study, teachers from two schools facing different school-based challenges but with similar collective efficacy scores and similar demographic data were interviewed to provide a more comprehensive understanding of collective efficacy and underlying belief systems in those two schools. As supported in previous research, collective teacher efficacy did correlate with student achievement despite varying levels of socioeconomic status. The eight school sites participating in phase 1 of the study demonstrated levels of collective teacher efficacy that correlated with socioeconomic status. Despite slight differences in the CTE scores, with all schools scoring in the average range, no significant variance between the scores were found. Given the complexity of increasingly diverse school populations and the limitations of academic achievement data as an independent variable, quantitative analysis alone was not adequate to examine the construct of collective efficacy in these schools, given their common selection criteria. The qualitative findings of this study revealed that belief systems grounded in deficit thinking coexisted with average levels of collective teacher efficacy. That collective teacher efficacy can coexist with deficit thinking is problematic for school improvement efforts based on collective efficacy theory. The utility of collective efficacy as a framework for school improvement is questionable for school leaders working to realize a socially just education and to understand the issues confronting schools serving diverse populations. A deeper interrogation and a measurement of deficit thinking needs to be conducted to better articulate the relationship between collective efficacy and deficit thinking in elementary schools serving increasing diverse student populations

The Justice from Beacon Hill: The Life and Times of Oliver Wendell Holmes

A Review of The Justice from Beacon Hill: The Life and Times of Oliver Wendell Holmes by Liva Bake