The Police Power and \u27Public Use\u27: Balancing the Public Interest against Private Rights through Principled Constitutional Distinctions

The Supreme Court’s 2005 decision in Kelo v. City of New London sparked nationwide outrage. The American public was shocked to learn that the Fifth Amendment’s Taking Clause could be interpreted to allow the government to seize a non-blighted residence and convey it to another private party to help facilitate a development project. Yet, contrary to popular belief, the Kelo decision did not mark a significant departure from the Court’s early eminent domain jurisprudence. This article traces the judicial history of the Public Use Clause and the police power of the states, and demonstrates the Court’s historical inability to clearly distinguish between these concepts. This conceptual imprecision has led to a deeply flawed and unpredictable takings jurisprudence and the erosion of individual rights. Moreover, the author demonstrates that returning the legal constructs of public use and the police power to their original narrow bounds cannot, in itself, restore a consistent and principled Fifth Amendment takings jurisprudence. Rather, a multi-tiered takings test is proposed, which would allow for greater flexibility and precision in balancing the public interest against protections of constitutional rights than is possible under a jurisprudence focusing on notions of the police power and public use

The role of digital technologies for the LCA empowerment towards circular economy goals: a scenario analysis for the agri-food system

Purpose This paper aims to develop a scenario analysis on the experts' perceptions of benefits and barriers related to adopting digital technologies for the life cycle assessment (LCA) to catalyse a circular economy transition in the agri-food system. Methods A literature review was performed to identify LCA's digital technologies that can be implemented within the agri-food system. Furthermore, an in-depth interview with a panel of senior researchers was conducted to establish a set of items and assess the perceived benefits and barriers associated with an "empowered LCA", i.e. a future-oriented LCA based on digital technologies. To this end, a two-stage exploratory factor analysis relying on the principal component analysis technique was carried out to refine the set of items. Finally, a covariance-based structural equation model was performed, built on a confirmatory factor analysis, to test the measurement model. Results and discussion The study's findings provide five constructs to explore the potential benefits and barriers related to adopting a digital technologies-based LCA (empowered LCA) for a circular economy transition in the agri-food system. More specifically, the benefits can be assessed using the following constructs: "benefits for the data collection and analysis", "benefits for the LCA analysts", "benefits for the management" and "benefits for traceability". In addition, the barriers have been evaluated using a single construct labelled "general barriers". Conclusions The study highlights the relevance of digital technologies for a circular economy transition to develop a more reliable LCA, enhancing legislative compliance and supporting the traceability processes in the agri-food system. The associated implications for LCA experts, agri-food managers and policymakers are presented. Furthermore, limitations and future research directions are also discussed

Differential Relationships Between Waist Circumference and Cardiorespiratory Fitness Among People With and Without Type 2 Diabetes

Adults with type 2 diabetes mellitus tend to exhibit an increased level of central adiposity, augmenting their risk of further non-communicable diseases (NCDs). Importantly, consistent evidence demonstrates a significant, negative association between cardiorespiratory fitness (CRF) and waist circumference (WC). However, no previous studies have investigated differences in these CRF-related reductions in WC between adults with and without diabetes. This study used data from the Aerobic Center for Longitudinal Studies, conducted between 1970 and 2006 among predominately Non-Hispanic White, middle-to-upper class adults in Texas. Quantile regression models were used to estimate CRF-related differences in WC between persons with and without diabetes. Age, height, smoking status and birth cohort served as covariates. The analytic sample included 45901 adults. Significantly larger reductions in WC were observed among adults with diabetes as compared to without diabetes across all WC percentiles. Among males, high CRF levels were associated with significant reductions, as compared to their low-fit counterparts, in WC as large as 21.9 cm for adults without diabetes and as large as 27 cm for adults with diabetes. Among females, high CRF levels were associated with significant reductions, as compared to their low-fit counterparts, in WC as large as 22.3 and 30.0 cm for adults without and with diabetes, respectively. This study demonstrated that higher CRF is associated with significant reductions in WC, with greater magnitudes found among adults with diabetes, especially among the most centrally obese, highlighting the necessity of exercise prescription in this clinical population potentially leading to lower risks of future NCDs

The yin-yang of the interaction between myelomonocytic cells and NK cells

NK cells are innate lymphoid cells, which play a key role in the immune response to cancer and pathogens and participate in the shaping of adaptive immunity. NK cells engage in a complex bidirectional interaction with myelomonocytic cells. In particular, macrophages, dendritic cells and neutrophils promote differentiation and effector function of NK cells and, on the other hand, myelomonocytic cells express triggers of checkpoint blockade (eg PD-L1) and other immunosuppressive molecules, which negatively regulate NK cell function. In addition, NK cells express high levels of IL-1R8, which acts as a checkpoint for IL-18 driven differentiation and activation of NK cells. Evidence suggests that targeting the myeloid cell-NK cell crosstalk unleashes effective anti-tumour and anti-viral resistance

Triple canonical covers of varieties of minimal degree.

In this article we study pluriregular varieties X of general type with base-point-free canonical bundle whose canonical morphism has degree 3 and maps X onto a variety of minimal degree Y. We carry out our study from two different perspectives. First we study in Section 2 and Section 3 the canonical ring of X describing completely the degrees of its minimal generators. We apply this to the study of the projective normality of the images of the pluricanonical morphisms of X. Our study of the canonical ring of X also shows that, if the dimension of X is greater than or equal to 3, there does not exist a converse to a theorem of M. Green that bounds the degree of the generators of the canonical ring of X. This is in sharp contrast with the situation in dimension 2 where such converse exists, as proved by the authors in a previous work. Second, we study in Section 4, the structure of the canonical morphism of X. We use this to show among other things the nonexistence of some a priori plausible examples of triple canonical covers of varieties of minimal degree. We also characterize the targets of flat canonical covers of varieties of minimal degree. Some of the results of Section 4 are more general and apply to varieties X which are not necessarily regular, and to targets Y that are scrolls which are not of minimal degree

Role of the p53/p21 system in the response of human colon carcinoma cells to Doxorubicin

BACKGROUND: Colon adenocarcinomas are refractory to a number of widely used anticancer agents. Multifactorial mechanisms have been implicated in this intrinsically resistant phenotype, including deregulation of cell death pathways. In this regard, the p53 protein has a well established role in the control of tumor cell response to DNA damaging agents; however, the relationship between p53-driven genes and drug sensitivity remains controversial. The present study investigates the role of the p53/p21 system in the response of human colon carcinoma cells to treatment with the cytotoxic agent doxorubicin (DOX) and the possibility to modify the therapeutic index of DOX by modulation of p53 and/or p21 protein levels. METHODS: The relationship between p53 and p21 protein levels and the cytotoxic effect of DOX was investigated, by MTT assay and western blot analysis, in HCT116 (p53-positive) and HT29 (p53-negative) colon cancer cells. We then assessed the effects of DOX in two isogenic cell lines derived from HCT116 by abrogating the expression and/or function of p53 and p21 (HCT116-E6 and HCT116 p21-/-, respectively). Finally, we evaluated the effect of pre-treatment with the piperidine nitroxide Tempol (TPL), an agent that was reported to induce p21 expression irrespective of p53 status, on the cytotoxicity of DOX in the four cell lines. Comparisons of IC50 values and apoptotic cell percentages were performed by ANOVA and Bonferroni's test for independent samples. C.I. calculations were performed by the combination Index method. RESULTS: Our results indicate that, in the colon carcinoma cell lines tested, sensitivity to DOX is associated with p21 upregulation upon drug exposure, and DOX cytotoxicity is potentiated by pre-treatment with TPL, but only in those cell lines in which p21 can be upregulated. CONCLUSIONS: p21 induction may significantly contribute to the response of colon adenocarcinomas cells to DOX treatment; and small molecules that can exploit p53-independent pathways for p21 induction, such as TPL, may find a place in chemotherapeutic protocols for the clinical management of colorectal cancer, where p53 function is often lost, due to genetic or epigenetic defects or to post-transcriptional inactivating mechanisms