Probationers, Parolees and DNA Collection: Is This Justice for All ?

In 1994, the DNA Identification Act permitted the government to establish a national database (CODIS) where it could collect DNA samples from those convicted of certain violent crimes. In the last few years, DNA collection statutes have been repeatedly expanded, to the point where some now require samples upon arrest. Not surprisingly, the federal DNA collection statute has been challenged repeatedly on Fourth Amendment grounds. In the Seventh Circuit, this issue was most recently addressed in United States v. Hook, a case in which a white-collar criminal on supervised release challenged the federal DNA collection statute. The court held that the collection was not an unconstitutional search under the Fourth Amendment. In doing so, however, the court used the “special needs” test—a test that the majority of other circuits do not use and, more importantly, a test that had been effectively disclaimed by the Supreme Court and by two prior Seventh Circuit panels. This Comment argues that the Seventh Circuit improperly applied the “special needs” analytical framework. Instead, the court should have used the “reasonableness” or “totality of the circumstances” balancing test endorsed by the Supreme Court. Further, this Comment argues that the Seventh Circuit must take a close look at the balancing required under the reasonableness test, since courts engaging in a reasonableness analysis have routinely overlooked considerations unique to DNA collection. In doing so, the court may conclude that DNA collection for those on federal supervised release or probation is unconstitutional under the Fourth Amendment

The FDA and Nano: Big Problems with Tiny Technology

Nanotechnology-related products and materials are becoming increasingly prevalent in our society. In the U.S., much of the burden for regulating these products falls upon the Food and Drug Administration (FDA). Thus far, the FDA has insisted that its present regulatory scheme is adequate to the task of analyzing nanotechnology products. Other administrative agencies, however, have recognized the special properties that can attach to nanosized materials. For example, the U.S. Patent and Trademark Office (USPTO) has created a special cross-reference classification: Class 977. By cross-referencing an application or a patent under Class 977, the USPTO provides strong evidence that the invention has novel, nanotechnology-related properties—yet that invention, once submitted to the FDA for approval, will be treated exactly the same as its large-scale counterpart. This note challenges the FDA\u27s premise that nanotechnology-related products pose no special concern by providing evidence that nanomaterials may have very different physical and toxicological properties than their large-scale counterparts. Further, many of these materials are used in products where the FDA has the weakest regulatory authority, such as in cosmetics and generally recognized as safe food supplements. This regulatory gap can be filled in part by making use of the USPTO\u27s classification scheme to identify those products likely to pose special safety challenges. Once a Class 977-labeled invention is submitted to the FDA, this note argues that the product should be classified as a new product for safety and legal purposes. This would give the FDA the ability to use its labeling powers to force public disclosure of products containing nanosized material, and to strongly encourage manufacturers to engage in additional safety research. Further, this note argues that the Class 977 label should create a presumption within the FDA that the product is likely to fall within more than one regulatory category. The FDA can then use its Office of Combination Products and relevant regulations to ensure that the products receive the safety evaluation they need

Literary Journeys and Screen Adventures: A Conversation

The editorial board of In Progress did not meet during the summer break, so there is a lot of catching up to do. We quickly realized that apart from vacations and term papers, we all had one thing in common: we consumed various forms of textual media. Additionally, we also had something to produce for this issue’s open section. Thus, we thought, why not combine these two things and catch up in a written dialog? So, here we are

Structure of stem-loop IV of Tetrahymena telomerase RNA

Conserved domains within the RNA component of telomerase provide the template for reverse transcription, recruit protein components to the holoenzyme and are required for enzymatic activity. Among the functionally essential domains in ciliate telomerase RNA is stem-loop IV, which strongly stimulates telomerase activity and processivity even when provided in trans. The NMR structure of Tetrahymena thermophila stem-loop IV shows a highly structured distal stem-loop linked to a conformationally flexible template-proximal region by a bulge that severely kinks the entire RNA. Through extensive structure–function studies, we identify residues that contribute to both these structural features and to enzymatic activity, with no apparent effect on the binding of TERT protein. We propose that the bending induced by the GA bulge and the flexibility of the template-proximal region allow positioning of the prestructured apical loop during the catalytic cycle

Multiwavelength Observations of A0620-00 in Quiescence

[Abridged.] We present multiwavelength observations of the black hole binary system, A0620-00. Using the Cosmic Origins Spectrograph on the Hubble Space Telescope, we have obtained the first FUV spectrum of A0620-00. The observed spectrum is flat in the FUV and very faint (with continuum fluxes \simeq 1e - 17 ergs/cm^2/s/A). We compiled the dereddened, broadband spectral energy distribution of A0620-00 and compared it to previous SEDs as well as theoretical models. The SEDs show that the source varies at all wavelengths for which we have multiple samples. Contrary to previous observations, the optical-UV spectrum does not continue to drop to shorter wavelengths, but instead shows a recovery and an increasingly blue spectrum in the FUV. We created an optical-UV spectrum of A0620-00 with the donor star contribution removed. The non-stellar spectrum peaks at \simeq3000 {\deg}A. The peak can be fit with a T=10,000 K blackbody with a small emitting area, probably originating in the hot spot where the accretion stream impacts the outer disk. However, one or more components in addition to the blackbody are needed to fit the FUV upturn and the red optical fluxes in the optical-UV spectrum. By comparing the mass accretion rate determined from the hot spot luminosity to the mean accretion rate inferred from the outburst history, we find that the latter is an order of magnitude smaller than the former, indicating that \sim90% of the accreted mass must be lost from the system if the predictions of the disk instability model and the estimated interoutburst interval are correct. The mass accretion rate at the hot spot is 10^5 the accretion rate at the black hole inferred from the X-ray luminosity. To reconcile these requires that outflows carry away virtually all of the accreted mass, a very low rate of mass transfer from the outer cold disk into the inner hot region, and/or radiatively inefficient accretion.Comment: ApJ, accepte

The FDA and Nano: Big Problems with Tiny Technology

Nanotechnology-related products and materials are becoming increasingly prevalent in our society. In the U.S., much of the burden for regulating these products falls upon the Food and Drug Administration (FDA). Thus far, the FDA has insisted that its present regulatory scheme is adequate to the task of analyzing nanotechnology products. Other administrative agencies, however, have recognized the special properties that can attach to nanosized materials. For example, the U.S. Patent and Trademark Office (USPTO) has created a special cross-reference classification: Class 977. By cross-referencing an application or a patent under Class 977, the USPTO provides strong evidence that the invention has novel, nanotechnology-related properties—yet that invention, once submitted to the FDA for approval, will be treated exactly the same as its large-scale counterpart. This note challenges the FDA\u27s premise that nanotechnology-related products pose no special concern by providing evidence that nanomaterials may have very different physical and toxicological properties than their large-scale counterparts. Further, many of these materials are used in products where the FDA has the weakest regulatory authority, such as in cosmetics and generally recognized as safe food supplements. This regulatory gap can be filled in part by making use of the USPTO\u27s classification scheme to identify those products likely to pose special safety challenges. Once a Class 977-labeled invention is submitted to the FDA, this note argues that the product should be classified as a new product for safety and legal purposes. This would give the FDA the ability to use its labeling powers to force public disclosure of products containing nanosized material, and to strongly encourage manufacturers to engage in additional safety research. Further, this note argues that the Class 977 label should create a presumption within the FDA that the product is likely to fall within more than one regulatory category. The FDA can then use its Office of Combination Products and relevant regulations to ensure that the products receive the safety evaluation they need

Probationers, Parolees and DNA Collection: Is This Justice for All ?

In 1994, the DNA Identification Act permitted the government to establish a national database (CODIS) where it could collect DNA samples from those convicted of certain violent crimes. In the last few years, DNA collection statutes have been repeatedly expanded, to the point where some now require samples upon arrest. Not surprisingly, the federal DNA collection statute has been challenged repeatedly on Fourth Amendment grounds. In the Seventh Circuit, this issue was most recently addressed in United States v. Hook, a case in which a white-collar criminal on supervised release challenged the federal DNA collection statute. The court held that the collection was not an unconstitutional search under the Fourth Amendment. In doing so, however, the court used the “special needs” test—a test that the majority of other circuits do not use and, more importantly, a test that had been effectively disclaimed by the Supreme Court and by two prior Seventh Circuit panels. This Comment argues that the Seventh Circuit improperly applied the “special needs” analytical framework. Instead, the court should have used the “reasonableness” or “totality of the circumstances” balancing test endorsed by the Supreme Court. Further, this Comment argues that the Seventh Circuit must take a close look at the balancing required under the reasonableness test, since courts engaging in a reasonableness analysis have routinely overlooked considerations unique to DNA collection. In doing so, the court may conclude that DNA collection for those on federal supervised release or probation is unconstitutional under the Fourth Amendment

Structure of stem-loop IV of Tetrahymena telomerase RNA

Conserved domains within the RNA component of telomerase provide the template for reverse transcription, recruit protein components to the holoenzyme and are required for enzymatic activity. Among the functionally essential domains in ciliate telomerase RNA is stem-loop IV, which strongly stimulates telomerase activity and processivity even when provided in trans. The NMR structure of Tetrahymena thermophila stem-loop IV shows a highly structured distal stem-loop linked to a conformationally flexible template-proximal region by a bulge that severely kinks the entire RNA. Through extensive structure–function studies, we identify residues that contribute to both these structural features and to enzymatic activity, with no apparent effect on the binding of TERT protein. We propose that the bending induced by the GA bulge and the flexibility of the template-proximal region allow positioning of the prestructured apical loop during the catalytic cycle