Treaties: The Interpretation of Due Process in Foriegn Treaties

DeTenorio v. McGowan, 510 F.2d 92 (5th Cir. 1975). Maria McGowan was the wife of E.J. McGowan, a United States national who owned 37 acres of land in Mississippi. McGowan died intestate in Panama on October 31, 1957. His brother, H.E. McGowan, a Mississippi resident, was notified of the death by a United States consular report which indicated that Maria was the decedent\u27s widow and listed her address. The widow was unaware of the land and of her inheritance rights under a Treaty of Friendship, Commerce and Consular Rights between the United States and Honduras. As a citizen of Honduras, Maria could inherit land in the United States under the treaty, provided that she had the land conveyed to herself within three years of the decedent\u27s death. The treaty provided that if circumstances so required, the three-year period could be extended. When Maria died twelve years after her husband\u27s death, she was still unaware of her right to the Mississippi acreage. In 1968, eleven years after his brother\u27s death, H.E. McGowan brought suit in a Mississippi Chancery Court to quiet title to the land. Possible claimants in the United States were notified by personal service, and constructive service by publication was provided by a newspaper circulating in the area where the land was located. No attempt was made to give notice to or serve process on Maria, then residing in Honduras. H.E. McGowan was awarded a default judgment. When Maria died intestate one year later, her sister, Dorotea De Tenorio, became her heir. Dorotea learned about the land in Mississippi and filed a claim to confirm title and interest to the 37 acres in the United States District Court, Southern District of Mississippi. Also a citizen of Honduras, Dorotea claimed the land as an heir under the Honduran treaty. Meanwhile, the acreage\u27s attraction had increased with the discovery of oil, and both H.E. and Dorotea sold drilling rights to the property. The district court held that Maria\u27s interest in the land could not be divested from her without due process of law and just compensation. Under the treaty Dorotea was entitled to the same protection, since she was an heir of Maria. The Court of Appeals for the Fifth Circuit reversed and held that since the widow failed to sell the property within three years after her husband\u27s death, as was required by the treaty, she was deprived of any interest in the property. The court ruled that the due process guarantees of the treaty applied only to acts of the signatory countries and were inapplicable to litigation between private parties concerning title to real property

Integration of substance use disorder services with primary care: health center surveys and qualitative interviews.

BackgroundEach year, nearly 20 million Americans with alcohol or illicit drug dependence do not receive treatment. The Affordable Care Act and parity laws are expected to result in increased access to treatment through integration of substance use disorder (SUD) services with primary care. However, relatively little research exists on the integration of SUD services into primary care settings. Our goal was to assess SUD service integration in California primary care settings and to identify the practice and policy facilitators and barriers encountered by providers who have attempted to integrate these services.MethodsPrimary survey and qualitative interview data were collected from the population of federally qualified health centers (FQHCs) in five California counties known to be engaged in SUD integration efforts was surveyed. From among the organizations that responded to the survey (78% response rate), four were purposively sampled based on their level of integration. Interviews were conducted with management, staff, and patients (n=18) from these organizations to collect further qualitative information on the barriers and facilitators of integration.ResultsCompared to mental health services, there was a trend for SUD services to be less integrated with primary care, and SUD services were rated significantly less effective. The perceived difference in effectiveness appeared to be due to provider training. Policy suggestions included expanding the SUD workforce that can bill Medicaid, allowing same-day billing of two services, facilitating easier reimbursement for medications, developing the workforce, and increasing community SUD specialty care capacity.ConclusionsEfforts to integrate SUD services with primary care face significant barriers, many of which arise at the policy level and are addressable

Corporate Sexual Harassment Policies: Effective Strategic Human Resource Management

To avoid successful sexual harassment claims against them, companies must work to prevent harassment from occurring through an effective sexual harassment policy, work to train employees through well designed programs for all levels of the organization, and promptly respond to any employee complaint.  This article provides guidance for employers in these activities

Electrochemically stimulating developments in bioelectronic medicine

Cellular homeostasis is in part controlled by biological generated electrical activity. By interfacing biology with electronic devices this electrical activity can be modulated to actuate cellular behaviour. There are current limitations in merging electronics with biology sufficiently well to target and sense specific electrically active components of cells. By addressing this limitation, researchers give rise to new capabilities for facilitating the twoway transduction signalling mechanisms between the electronic and cellular components. This is required to allow significant advancement of bioelectronic technology which offers new ways of treating and diagnosing diseases. Most of the progress that has been achieved to date in developing bioelectronic therapeutics stimulate neural communication, which ultimately orchestrates organ function back to a healthy state. Some devices used in therapeutics include cochlear and retinal implants and vagus nerve stimulators. However, all cells can be effected by electrical inputs which gives rise to the opportunity to broaden the use of bioelectronic medicine for treating disease. Electronic actuation of non-excitable cells has been shown to lead to ‘programmed’ cell behaviour via application of electronic input which alter key biological processes. A neglected form of cellular electrical communication which has not yet been considered when developing bioelectronics therapeutics is faradaic currents. These are generated during redox reactions. A precedent of electrochemical technology being used to modulate these reactions thereby controlling cell behaviour has already been set. In this mini review we highlight the current state of the art of electronic routes to modulating cell behaviour and identify new ways in which electrochemistry could be used to contribute to the new field of bioelectronic medicine

A new approach to the chronology of caves 268/272/275 in the Dunhuang Mogao Grottoes: combining radiocarbon dates and archaeological information within a Bayesian statistical framework

The construction chronology of three of the earliest Dunhuang Mogao Grottoes (Caves 268, 272, and 275) has been the subject of ongoing debate for over half a century. This chronology is a crucial topic in terms of further understanding of the establishment of the Dunhuang Mogao Grottoes, early Buddhism in the Gansu corridor, and its relationship with Buddhism developed in the Central Plains. Building upon archaeological, art historical and radiocarbon (14C) dating studies, we integrate new 14C data with these previously published findings utilizing Bayesian statistical modeling to improve the chronological resolution of this issue. Thus, we determine that all three of these caves were constructed around AD 410–440, suggesting coeval rather than sequential construction

Development and Application of a Functional Human Esophageal Mucosa Explant Platform to Eosinophilic Esophagitis.

There is an increasing prevalence of esophageal diseases but intact human tissue platforms to study esophageal function, disease mechanisms, and the interactions between cell types in situ are lacking. To address this, we utilized full thickness human donor esophagi to create and validate the ex vivo function of mucosa and smooth muscle (n = 25). Explanted tissue was tested for contractile responses to carbachol and histamine. We then treated ex vivo human esophageal mucosa with a cytokine cocktail to closely mimic the Th2 and inflammatory milieu of eosinophilic esophagitis (EoE) and assessed alterations in smooth muscle and extracellular matrix function and stiffening. We found that full thickness human esophagus as well as the individual layers of circular and longitudinal muscularis propria developed tension in response to carbachol ex vivo and that mucosa demonstrated squamous cell differentiation. Treatment of mucosa with Th2 and fibrotic cytokines recapitulated the majority of the clinical Eosinophilic Esophagitis Diagnostic Profile (EDP) on fluidic transcriptional microarray. Transforming growth factor-beta-1 (TGFβ1) increased gene expression of fibronectin, smooth muscle actin, and phospholamban (p < 0.001). The EoE cocktail also increased stiffness and decreased mucosal compliance, akin to the functional alterations in EoE (p = 0.001). This work establishes a new, transcriptionally intact and physiologically functional human platform to model esophageal tissue responses in EoE

Structural analysis of X-Linked Retinoschisis mutations reveals distinct classes which differentially effect retinoschisin function

Retinoschisin, an octameric retinal-specific protein, is essential for retinal architecture with mutations causing X-linked retinoschisis (XLRS), a monogenic form of macular degeneration. Most XLRS-associated mutations cause intracellular retention, however a subset are secreted as octamers and the cause of their pathology is ill-defined. Therefore, here we investigated the solution structure of the retinoschisin monomer and the impact of two XLRS-causing mutants using a combinatorial approach of biophysics and cryo-EM. The retinoschisin monomer has an elongated structure which persists in the octameric assembly. Retinoschisin forms a dimer of octamers with each octameric ring adopting a planar propeller structure. Comparison of the octamer with the hexadecamer structure indicated little conformational change in the retinoschisin octamer upon dimerization, suggesting that the octamer provides a stable interface for construction of the hexadecamer. The H207Q XLRS-associated mutation was found in the interface between octamers and destabilized both monomeric and octameric retinoschisin. Octamer dimerization is consistent with the adhesive function of retinoschisin supporting interactions between retinal cell layers, so disassembly would prevent structural coupling between opposing membranes. In contrast, cryo-EM structural analysis of the R141H mutation at ~4.2Å resolution was found to only cause a subtle conformational change in the propeller tips, potentially perturbing an interaction site. Together, these findings support distinct mechanisms of pathology for two classes of XLRS-associated mutations in the retinoschisin assembly