Outgrowing the Commerce Clause: Finding Endangered Species a Home in the Constitutional Framework

This Comment examines the controversial relationship between the ESA and the Commerce Clause. Part I provides an overview of the Commerce Clause and the ESA. Part II reviews the evolution of the Commerce Clause and examines, in its current form, the Constitution\u27s capacity to support the ESA. Part III examines the likelihood of Supreme Court review of the ESA due to conflicting circuit court opinions and recent changes in the Supreme Court composition. Part IV identifies several factors that endanger the ESA at the Supreme Court level. The Comment concludes that, despite several seemingly favorable factors, the Commerce Clause framework is still inadequate to support the ESA, which remains in danger of a constitutional attack at the Supreme Court level. Though our current constitutional framework leaves the ESA vulnerable to attack, the ESA should not suffer as a result of our court system\u27s shortcomings. Therefore, Part V proposes solutions to this inadequacy, including a shared responsibility between state and federal entities, several legislative remedies, and a recommendation for the Supreme Court to adopt the Fifth Circuit\u27s rationale. Within these solutions, the Comment ultimately favors the comprehensive scheme rationale as applied to the ESA. Though not perfect in all respects, it is the solution that would allow for the broadest protection for all endangered species, and is therefore the most desirable among those in the environmental community

Outgrowing the Commerce Clause: Finding Endangered Species a Home in the Constitutional Framework

This Comment examines the controversial relationship between the ESA and the Commerce Clause. Part I provides an overview of the Commerce Clause and the ESA. Part II reviews the evolution of the Commerce Clause and examines, in its current form, the Constitution\u27s capacity to support the ESA. Part III examines the likelihood of Supreme Court review of the ESA due to conflicting circuit court opinions and recent changes in the Supreme Court composition. Part IV identifies several factors that endanger the ESA at the Supreme Court level. The Comment concludes that, despite several seemingly favorable factors, the Commerce Clause framework is still inadequate to support the ESA, which remains in danger of a constitutional attack at the Supreme Court level. Though our current constitutional framework leaves the ESA vulnerable to attack, the ESA should not suffer as a result of our court system\u27s shortcomings. Therefore, Part V proposes solutions to this inadequacy, including a shared responsibility between state and federal entities, several legislative remedies, and a recommendation for the Supreme Court to adopt the Fifth Circuit\u27s rationale. Within these solutions, the Comment ultimately favors the comprehensive scheme rationale as applied to the ESA. Though not perfect in all respects, it is the solution that would allow for the broadest protection for all endangered species, and is therefore the most desirable among those in the environmental community

The new "p-n junction": Plasmonics enables photonic access to the nanoworld

Since the development of the light microscope in the 16th century, optical device size and performance have been limited by diffraction. Optoelectronic devices of today are much bigger than the smallest electronic devices for this reason. Achieving control of light-material interactions for photonic device applications at the nanoscale requires structures that guide electromagnetic energy with subwavelength-scale mode confinement. By converting the optical mode into nonradiating surface plasmons, electromagnetic energy can be guided in structures with lateral dimensions of less than 10% of the free-space wavelength. A variety of methods-including electron-beam lithography and self-assembly-have been used to construct both particle and planar plasmon waveguides. Recent experimental studies have confirmed the strongly coupled collective plasmonic modes of metallic nanostructures. In plasmon waveguides consisting of closely spaced silver rods, electromagnetic energy transport over distances of 0.5 mu m has been observed. Moreover, numerical simulations suggest the possibility of multi-centimeter plasmon propagation in thin metallic stripes. Thus, there appears to be no fundamental scaling limit to the size and density of photonic devices, and ongoing work is aimed at identifying important device performance criteria in the subwavelength size regime. Ultimately, it may be possible to design an entire class of subwavelength-scale optoelectronic components (waveguides, sources, detectors, modulators) that could form the building blocks of an optical device technology-a technology scalable to molecular dimensions, with potential imaging, spectroscopy, and interconnection applications in computing, communications, and chemical/biological detection

EXACT: a collaboration toolset for algorithm-aided annotation of images with annotation version control

In many research areas, scientific progress is accelerated by multidisciplinary access to image data and their interdisciplinary annotation. However, keeping track of these annotations to ensure a high-quality multi-purpose data set is a challenging and labour intensive task. We developed the open-source online platform EXACT (EXpert Algorithm Collaboration Tool) that enables the collaborative interdisciplinary analysis of images from different domains online and offline. EXACT supports multi-gigapixel medical whole slide images as well as image series with thousands of images. The software utilises a flexible plugin system that can be adapted to diverse applications such as counting mitotic figures with a screening mode, finding false annotations on a novel validation view, or using the latest deep learning image analysis technologies. This is combined with a version control system which makes it possible to keep track of changes in the data sets and, for example, to link the results of deep learning experiments to specific data set versions. EXACT is freely available and has already been successfully applied to a broad range of annotation tasks, including highly diverse applications like deep learning supported cytology scoring, interdisciplinary multi-centre whole slide image tumour annotation, and highly specialised whale sound spectroscopy clustering

Peroxisome Proliferator-activated Receptor-γ Activation Augments the β-Cell Unfolded Protein Response and Rescues Early Glycemic Deterioration and β Cell Death in Non-obese Diabetic Mice

Type 1 diabetes is an autoimmune disorder that is characterized by a failure of the unfolded protein response in islet β cells with subsequent endoplasmic reticulum stress and cellular death. Thiazolidinediones are insulin sensitizers that activate the nuclear receptor PPAR-γ and have been shown to partially ameliorate autoimmune type 1 diabetes in humans and non-obese diabetic (NOD) mice. We hypothesized that thiazolidinediones reduce β cell stress and death independently of insulin sensitivity. To test this hypothesis, female NOD mice were administered pioglitazone during the pre-diabetic phase and assessed for insulin sensitivity and β cell function relative to controls. Pioglitazone-treated mice showed identical weight gain, body fat distribution, and insulin sensitivity compared with controls. However, treated mice showed significantly improved glucose tolerance with enhanced serum insulin levels, reduced β cell death, and increased β cell mass. The effect of pioglitazone was independent of actions on T cells, as pancreatic lymph node T cell populations were unaltered and T cell proliferation was unaffected by pioglitazone. Isolated islets of treated mice showed a more robust unfolded protein response, with increases in Bip and ATF4 and reductions in spliced Xbp1 mRNA. The effect of pioglitazone appears to be a direct action on β cells, as islets from mice treated with pioglitazone showed reductions in PPAR-γ (Ser-273) phosphorylation. Our results demonstrate that PPAR-γ activation directly improves β cell function and survival in NOD mice by enhancing the unfolded protein response and suggest that blockade of PPAR-γ (Ser-273) phosphorylation may prevent type 1 diabetes

Ecosystem-bedrock interaction changes nutrient compartmentalization during early oxidative weathering

Ecosystem-bedrock interactions power the biogeochemical cycles of Earth's shallow crust, supporting life, stimulating substrate transformation, and spurring evolutionary innovation. While oxidative processes have dominated half of terrestrial history, the relative contribution of the biosphere and its chemical fingerprints on Earth's developing regolith are still poorly constrained. Here, we report results from a two-year incipient weathering experiment. We found that the mass release and compartmentalization of major elements during weathering of granite, rhyolite, schist and basalt was rock-specific and regulated by ecosystem components. A tight interplay between physiological needs of different biota, mineral dissolution rates, and substrate nutrient availability resulted in intricate elemental distribution patterns. Biota accelerated CO2 mineralization over abiotic controls as ecosystem complexity increased, and significantly modified stoichiometry of mobilized elements. Microbial and fungal components inhibited element leaching (23.4% and 7%), while plants increased leaching and biomass retention by 63.4%. All biota left comparable biosignatures in the dissolved weathering products. Nevertheless, the magnitude and allocation of weathered fractions under abiotic and biotic treatments provide quantitative evidence for the role of major biosphere components in the evolution of upper continental crust, presenting critical information for large-scale biogeochemical models and for the search for stable in situ biosignatures beyond Earth.Comment: 41 pages (MS, SI and Data), 16 figures (MS and SI), 6 tables (SI and Data). Journal article manuscrip

Trace analysis of environmental matrices by large-volume injection and liquid chromatography-mass spectrometry

The time-honored convention of concentrating aqueous samples by solid-phase extraction (SPE) is being challenged by the increasingly wide spread use of large-volume injection (LVI) liquid chromatography-mass spectrometry (LC-MS) for the determination of traces of polar organic contaminants in environmental samples. Although different LVI approaches have been proposed over the last 40 years, the simplest and most popular way of performing LVI is known as single column LVI (SC-LVI), in which a large-volume of an aqueous sample is directly injected into an analytical column. For the purposes of this critical review, LVI is defined as an injected sample volume that is ≥ 10% of the void volume of the analytical column. Compared to other techniques, SC-LVI is easier to set up, as it only requires small hardware modifications to existing autosamplers and, thus, will represent the main focus of the current review. Although not new, SC-LVI is gaining acceptance and the approach is emerging as a technology that will render SPE nearly obsolete for many environmental applications. In this review, we discuss 1) the history and development of various forms of LVI, 2) the critical factors that one needs to consider when creating and optimizing SC-LVI methods and 3) example applications that demonstrate the range of environmental matrices, to which LVI is applicable such as drinking water, groundwater and surface water including seawater as well as wastewater. Furthermore, we give responses to answer a set of ‘frequently asked questions’ typically encountered from audiences and we indicate future directions and areas that need to be addressed to fully delineate the limits of SC-LVI.Keywords: Direct injection, Soil, Water, LC-MS/MS, Sample preparation, Large-volume injection, Wastewater, Solid-phase extraction, Liquid chromatograph