Hey, Hey! Ho, Ho! These Mass Arrests Have Got to Go! : The Expressive Fourth Amendment Argument

The racial justice protests ignited by the murder of George Floyd in May 2020 constitute the largest protest movement in the United States. Estimates suggest that between fifteen and twenty-six million people protested across the country during the summer of 2020 alone. Not only were the number of protestors staggering, but so were the number of arrests. Within one week of when the video of George Floyd’s murder went viral, police arrested ten thousand people demanding justice on American streets, with police often arresting activists en masse. This Essay explores mass arrests and how they square with Fourth Amendment protections, as conceived by its Framers. The first part of this Essay provides an account of mass arrests during the George Floyd protests in Los Angeles, the city with the largest number of reported arrests in the initial demonstrations. The second part of this Essay begins by briefly reviewing the Expressive Fourth Amendment, a doctrine the author previously introduced, which posits that the Framers designed the Fourth Amendment to protect freedom of expression, in addition to the prevailing understanding of its safeguard of bodily integrity. The Expressive Fourth Amendment shields from government overreach individuals engaged in political expressive conduct. Here, this Essay expands upon this doctrine by querying how this protection should apply to mass arrests during protests and ultimately concludes that courts should demand both that a police officer establish probable cause for each protester swept up in a mass arrest and that judges positively weigh an individual’s expressive conduct when determining whether an arrest was reasonable in the totality of the circumstances

An Argument Against Unbounded Arrest Power: The Expressive Fourth Amendment and Protesting While Black

Protesting is supposed to be revered in our democracy, considered “as American as apple pie” in our nation’s mythology. But the actual experiences of the 2020 racial justice protesters showed that this supposed reverence for political dissent and protest is more akin to American folklore than reality on the streets. The images from those streets depicted police officers clad in riot gear and armed with shields, batons, and “less than” lethal weapons aggressively arresting protesters, often en masse. In the first week of the George Floyd protests, police arrested roughly 10,000 people, and approximately 78 percent of those arrests were for nonviolent misdemeanor offenses or criminal violations. Moreover, troubling figures regarding the racial breakdown of protest-related arrests, along with anecdotes from activists, suggest that just as with routine policing, the experiences of Black and white people differ during protests—even when they protest side by side—with police potentially targeting Black activists for arrest. This Article exposes how police officers’ easy access to a wide arsenal of criminal charges serves to trample on expressive freedoms and explains how a new and clearer understanding of the Fourth Amendment’s application to expressive conduct should curb the police’s seemingly unbounded power to arrest protesters. In Part I of this Article, I revisit and review the roots and rationale of the Expressive Fourth Amendment doctrine, which posits that there is an expressive component to Fourth Amendment protection. In Part II, I discuss the criminal statutes that police often use to make arrests during protests and then focus more narrowly on the arrests in New York City in the early days of the George Floyd demonstrations, including the racial makeup of arrestees. In Part III, I explain how the presiding understanding of the Fourth Amendment places minimal limits on a police officer’s ability to arrest, regardless of an individual’s engagement in expressive political conduct. Thereafter, I describe how the Expressive Fourth Amendment should apply to arrests and serve to curtail an officer’s ability to engage in warrantless arrests of protesters for nonviolent misdemeanors

Gene networks driving bovine milk fat synthesis during the lactation cycle

<p>Abstract</p> <p>Background</p> <p>The molecular events associated with regulation of milk fat synthesis in the bovine mammary gland remain largely unknown. Our objective was to study mammary tissue mRNA expression via quantitative PCR of 45 genes associated with lipid synthesis (triacylglycerol and phospholipids) and secretion from the late pre-partum/non-lactating period through the end of subsequent lactation. mRNA expression was coupled with milk fatty acid (FA) composition and calculated indexes of FA desaturation and <it>de novo </it>synthesis by the mammary gland.</p> <p>Results</p> <p>Marked up-regulation and/or % relative mRNA abundance during lactation were observed for genes associated with mammary FA uptake from blood (<it>LPL</it>, <it>CD36</it>), intracellular FA trafficking (<it>FABP3</it>), long-chain (<it>ACSL1</it>) and short-chain (<it>ACSS2</it>) intracellular FA activation, <it>de novo </it>FA synthesis (<it>ACACA</it>, <it>FASN</it>), desaturation (<it>SCD</it>, <it>FADS1</it>), triacylglycerol synthesis (<it>AGPAT6</it>, <it>GPAM</it>, <it>LPIN1</it>), lipid droplet formation (<it>BTN1A1</it>, <it>XDH</it>), ketone body utilization (<it>BDH1</it>), and transcription regulation (<it>INSIG1</it>, <it>PPARG</it>, <it>PPARGC1A</it>). Change in <it>SREBF1 </it>mRNA expression during lactation, thought to be central for milk fat synthesis regulation, was ≤2-fold in magnitude, while expression of <it>INSIG1</it>, which negatively regulates SREBP activation, was >12-fold and had a parallel pattern of expression to <it>PPARGC1A</it>. Genes involved in phospholipid synthesis had moderate up-regulation in expression and % relative mRNA abundance. The mRNA abundance and up-regulation in expression of <it>ABCG2 </it>during lactation was markedly high, suggesting a biological role of this gene in milk synthesis/secretion. Weak correlations were observed between both milk FA composition and desaturase indexes (i.e., apparent SCD activity) with mRNA expression pattern of genes measured.</p> <p>Conclusion</p> <p>A network of genes participates in coordinating milk fat synthesis and secretion. Results challenge the proposal that <it>SREBF1 </it>is central for milk fat synthesis regulation and highlight a pivotal role for a concerted action among <it>PPARG</it>, <it>PPARGC1A</it>, and <it>INSIG1</it>. Expression of <it>SCD</it>, the most abundant gene measured, appears to be key during milk fat synthesis. The lack of correlation between gene expression and calculated desaturase indexes does not support their use to infer mRNA expression or enzyme activity (e.g., <it>SCD</it>). Longitudinal mRNA expression allowed development of transcriptional regulation networks and an updated model of milk fat synthesis regulation.</p

Gene Networks Driving Bovine Mammary Protein Synthesis During the Lactation Cycle

A crucial role for both insulin and mTOR in the regulation of milk protein synthesis is emerging. Bovine mammary biopsies harvested during late-pregnancy through end of subsequent lactation were used to evaluate via quantitative PCR the expression of 44 genes involved in pathways of insulin, mTOR, AMPK, and Jak2-Stat5 signalling and also glucose and amino acid (AA) transporters. We observed an increased expression during lactation of ELF5, AA and glucose transporters, insulin signaling pathway components, MAPK14, FRAP1, EIF4EBP2, GSK3A and TSC1 among mTOR signaling-related genes. Among ribosomal components RPL22 was down-regulated. The overall data support a central role of AA and glucose transporters and insulin signaling through mTOR for the regulation of protein synthesis in bovine mammary gland. Furthermore, the existence of translational competition favoring the translation of milk protein transcripts was inferred from the combined dataset

Short communication: Endoplasmic reticulum stress gene network expression in bovine mammary tissue during the lactation cycle.

Abstract The endoplasmic reticulum (ER) has a crucial role in cellular metabolism. Recent studies in nonruminants discovered that components of the ER stress pathway, induced during the unfolded protein response, play critical roles in regulating lipogenesis. The bovine mammary gland faces extreme metabolic stress at the onset of lactation due primarily to the increase in flux through pathways associated with milk fat and protein synthesis. Our objective was to study, via quantitative real-time PCR, the expression of the ER stress pathway components P58IPK , PERK , XBP1 , ATF4 , ATF3 , ATF6 , CHOP , MBTPS1 , GRP94 , and BiP in mammary tissue (n=7 cows × 5 time points) collected at −15, 1, 15, 60, and 240 d relative to parturition. Expression of P58IPK and ATF4 increased to a peak at d 60, followed by a decrease by d 240 postpartum. Despite the decrease in expression by 240 d, P58IPK remained higher than prepartal levels (d −15). Expression patterns of ATF3 and CHOP were similar and peaked at d 15, followed by a decrease through d 240, at which point CHOP expression was still greater than prepartal levels. The sharp increase in milk production postpartum (d 15) as well as apoptosis during late lactation (240 d) may have induced a pseudo unfolded protein response state. This is supported by the similar expression patterns of P58IPK and PERK . In the context of lactation, however, transcriptional changes in the ER stress pathway at different stages of the lactation cycle are a normal aspect of the tissue's adaptation to the changing physiological state

A comparison of experimental and numerical behaviour characteristics of a ship entering a lock using benchmark test data

This paper discusses several papers that were presented at the 3rd International Conference on Ship Manoeuvring in Shallow and Confined Water, which had a non-exclusive focus on Ship Behaviour in Locks. For this conference, experimental model test data obtained at Flanders Hydraulics Research had been made public and researchers were encouraged to compare numerical with experimental results [1]. Data of benchmark tests carried out both with self-propelled and captive models were used by researchers for comparison with various numerical tools. The objective of this paper is to give a selected overview of how accurately numerical tools are presently able to predict the hydrodynamic forces that occur on ships approaching locks. Based on this, the paper concludes that experiments and numerical tools complement each other

Differences in liver functionality indexes in peripartal dairy cows fed rumen-protected methionine or choline are associated with performance, oxidative stress status, and plasma amino acid profiles

The liver functionality index (LFI) represents an assessment of transition cow metabolic health by measuring changes in biomarkers associated with liver plasma protein synthesis (albumin), lipoprotein synthesis (cholesterol), and heme catabolism (bilirubin). The present analysis was conducted to determine the role of peripartal rumen-protected Met or choline (CHOL) supplementation on LFI groupings, and to assess relationships with performance, inflammation, oxidative stress status, and plasma AA profiles. A cohort of 40 multiparous Holstein cows that were part of a randomized complete block design with 2 × 2 factorial arrangement of Met (Smartamine M, Adisseo NA, Alpharetta, GA) and CHOL (ReaShure, Balchem Inc., New Hampton, NY) level (with or without) were used. From -21 d to calving, cows received the same close-up diet and were assigned randomly to each treatment. From calving to 30 d, cows were on the same postpartal diet and continued to receive the same treatments until 30 d. Addition of Met was adjusted daily at 0.08% dry matter of diet and CHOL was fed at 60 g/cow per day. Liver (-10, 7, 20, and 30 d) and blood (-10, 4, 8, 20, and 30 d) samples were harvested for biomarker analyses. Cows were ranked retrospectively and assigned to low (LLFI, LFI0) and high (HLFI, LFI0) LFI groups regardless of Met or CHOL supplementation. Compared with cows in LLFI, close-up and lactation DMI, milk yield, milk fat yield, and milk protein yield were greater in HLFI cows. As expected, cows in LLFI had lower plasma cholesterol and albumin but greater bilirubin concentrations around parturition. Plasma haptoglobin concentration was also lower in HLFI cows, but plasma paraoxonase and hepatic total and reduced hepatic glutathione concentrations were greater. Although higher concentrations of His, Met, and Trp, as well as a tendency for greater Ile, were observed in HLFI cows, overall essential AA concentrations did not differ with LFI status. In contrast, overall concentrations of nonessential AA were greater in HLFI cows due to greater circulating concentrations of Ala, Asn, Gln, Pro, and Ser. Similarly, overall concentrations of total AA and total sulfur-containing compounds were greater in cows with HLFI. Feeding Met compared with CHOL led to a tendency for more cows classified as HLFI. Overall, results support the broader application of the LFI in the management of transition cows. In that context, the fact that precalving concentrations of compounds such as reduced glutathione, total sulfur-containing compounds, Met, Tau, and homocysteine differed between HLFI and LLFI independent of Met or CHOL feeding also underscores their potential for monitoring cows that might be at a greater risk of developing health problems after calving. Further studies on the applicability of these biomarkers to monitor transition success appears warranted

The effect of calving in the summer on the hepatic transcriptome of Holstein cows during the peripartal period

The liver is the main metabolic organ coordinating the adaptations that take place during the peripartal period of dairy cows. A successful transition into lactation, rather than management practices alone, depends on environmental factors such as temperature, season of parturition, and photoperiod. Therefore, we analyzed the effect of calving season on the hepatic transcriptome of dairy cows during the transition period. A total of 12 Holstein dairy cows were assigned into 2 groups based on calving season (6 cows March-April, spring; 6 cows June-July, summer, SU). The RNA was extracted from liver samples obtained at -30, 3, and 35 DIM via percutaneous biopsy and hybridized to the Agilent 44K Bovine (V2) Gene Expression Microarray (Agilent Technologies Inc., Santa Clara, CA). A quantitative PCR on 22 target genes was performed to verify and expand the analyses. A total of 4,307 differentially expressed genes were detected (false discovery rate ≤0.05) in SU compared with spring. Furthermore, 73 unique differentially expressed genes were detected in SU compared with spring cows after applying a fold-change threshold ≥3 and ≤-3. For Kyoto Encyclopedia of Genes and Genomes pathways analysis of differentially expressed genes, we used the dynamic impact approach. Ingenuity Pathway Analysis software was used to analyze upstream transcription regulators and perform gene network analysis. Among metabolic pathways, energy metabolism from lipids, carbohydrates, and amino acids was strongly affected by calving in SU, with a reduced level of fatty acid synthesis, oxidation, re-esterification, and synthesis of lipoproteins, leading to hepatic lipidosis. Glycan-synthesis was downregulated in SU cows probably as a mechanism to counteract the progression of this lipidosis. In contrast, calving in the SU resulted in upregulation of gluconeogenesis but also greater use of glucose as an energy source. Among nonmetabolic pathways, the heat-shock response was obviously activated in SU cows but was also associated with inflammatory and intracellular stress response. Furthermore, data support a recent finding that cows experience endoplasmic reticulum stress around parturition. Transcription regulator analysis revealed how metabolic changes are related to important regulatory mechanisms, including epigenetic modification. The holistic analyses of the liver transcriptome response to calving in the summer at high environmental temperatures underscore how transition cows should be carefully managed during this period, as they experience alterations in liver energy metabolism and inflammatory state increasing susceptibility to health disorders in early postpartum

Hey, Hey! Ho, Ho! These Mass Arrests Have Got to Go! : The Expressive Fourth Amendment Argument

The racial justice protests ignited by the murder of George Floyd in May 2020 constitute the largest protest movement in the United States. Estimates suggest that between fifteen and twenty-six million people protested across the country during the summer of 2020 alone. Not only were the number of protestors staggering, but so were the number of arrests. Within one week of when the video of George Floyd’s murder went viral, police arrested ten thousand people demanding justice on American streets, with police often arresting activists en masse. This Essay explores mass arrests and how they square with Fourth Amendment protections, as conceived by its Framers. The first part of this Essay provides an account of mass arrests during the George Floyd protests in Los Angeles, the city with the largest number of reported arrests in the initial demonstrations. The second part of this Essay begins by briefly reviewing the Expressive Fourth Amendment, a doctrine the author previously introduced, which posits that the Framers designed the Fourth Amendment to protect freedom of expression, in addition to the prevailing understanding of its safeguard of bodily integrity. The Expressive Fourth Amendment shields from government overreach individuals engaged in political expressive conduct. Here, this Essay expands upon this doctrine by querying how this protection should apply to mass arrests during protests and ultimately concludes that courts should demand both that a police officer establish probable cause for each protester swept up in a mass arrest and that judges positively weigh an individual’s expressive conduct when determining whether an arrest was reasonable in the totality of the circumstances