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Aspen Leading Edge Podcast, Episode 119: Rule of Law Global Academic Partnership with Hari Osofsky
No full textHari Osofsky, Northwestern University, reflects on her time as dean and her future plans, including the Rule of Law Global Academic Partnership and the newly announced Energy Innovation Lab.https://commons.stmarytx.edu/edge/1088/thumbnail.jp
Checks and Balances: A Fallacy in U.S. Territorial Governance
No full textBy envisioning the checks and balances system, the drafters of the U.S. Constitution aimed to ensure a balanced distribution of power among the federal government\u27s branches-an admirable undertaking by the early leaders of this nation\u27s government. However, few have analyzed the application of the checks and balances system as applied to the colonies, which the United States has collectively held since the late 1800s. This Article offers a compelling exploration of the United States\u27 foundational system of governance through the lens of its territories. At the heart of the American democratic experiment lies a complex architecture of checks and balances, designed by the nation\u27s founders to prevent the concentration of power and protect democratic ideals. By scrutinizing historical texts, the Federalist Papers, and the spirited debates that shaped the U.S. Constitution, this Article unveils the depth of intention behind these mechanisms of mutual accountability. Yet, as this Article meticulously demonstrates, this well-crafted system encounters significant challenges when confronted with the reality that the U.S. territories\u27 regions and their residents are often relegated to the periphery of American political life. Through an incisive examination of legislative, executive, and judicial engagements with these territories, this Article reveals stark disparities in representation, governance, and rights, shedding light on a profound democratic deficit that contradicts the very principles the founders sought to uphold. Part II of this Article details the founders\u27 inspiration and vision for the separation of powers and the checks and balances system as it existed in the Articles of Confederation, and later, the U.S. Constitution. Part III of this Article examines how the Territories Clause of the U.S. Constitution contradicts the foundational system of checks and balances. The separation of powers is lost when met with the reality of U.S. territories and the federal governance over them. Part IV exemplifies this contradiction through the lens of two cases: Financial Oversight Management Board for Puerto Rico v. Aurelius Investments, LLC decided by the Supreme Court in 2020, and Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc., decided by the Supreme Court in 2023. An examination of these two cases exemplifies the unchecked federal legislative branch in the U.S. Territories
Do Bankruptcy Judges Belong in Chambers? Rethinking Inherent Civil Contempt Power in Bankruptcy
No full textThe bankruptcy court is the face of the federal judiciary to much of the American public. Almost as many cases are filed in bankruptcy courts every year as are filed in the federal district courts and circuit courts combined. And in each bankruptcy case, there are often dozens or more affected parties. As such, it is critical that the public has confidence in the role of the bankruptcy court and its judges. Yet, since the creation of the Bankruptcy Code in 1978, the non-Article III bankruptcy system has faced seemingly never-ending challenges to subject matter jurisdiction in the bankruptcy context and to the scope of the authority of bankruptcy judges: Northern Pipeline, Granfinanciera, Stern, and, most recently, Purdue—to name a few Supreme Court examples. When a bankruptcy judge\u27s authority is uncertain, the bankruptcy court\u27s credibility in the eyes of the public can be harmed-and, by extension, the credibility of the federal judiciary. Today, as the federal judiciary is seen in many corners-rightly or wrongly-as having fallen into reputational disrepair over high-level ethics dilemmas and perceived political partisanship, it is of paramount importance to ensure that the bankruptcy court is a port in a storm, where rulings affecting debtors are reliable, orders can be effectively enforced, and justice can be swiftly and fairly administered
The Myth of Best Interest of the Child
No full textOne of the basic tenets of Family Law as applied to children is consideration of best interest of the child in making decisions. Standards for custody, termination, adoption, and all other matters affecting children are overlaid with consideration of best interest. Unfortunately, the promise of best interest is lost in the actual mechanics of making these critical decisions involving children. This Article explores the disconnect between the ideal of using the best interest of the child as a key factor in legal decisions affecting children and the practicalities of competing interests. The Article first explores the common concern of the indeterminacy of a best interest standard. One of the problems with best interest criterion is that almost anything that affects the child can be considered, and the weight to be given is not contained within the standard. Then, I look at the continuous elevation of parental rights over those of children in the areas of custody, the possibility of more than two parents, termination of parental rights, consent to medical care, and non-parent visitation. Next, I look at instances where societal interests are prioritized over the individual child interests the Indian Child Welfare Act ICWA ) and the issues surrounding gender affirming care. I also consider the international perspective, looking at the Convention on the Rights of the Child ( CRC ). My conclusion is that children should be independently represented by counsel in complex, high conflict, or high stakes (for the child) cases
Nurse Practitioner Autonomy: How the Rejection of Sb 1700 Restricts Access to Necessary Healthcare in Rural South Texas
Get PDFMaternal obesity alters antigen-bound IgG levels in breast milk
No full text• Maternal obesity is an increasingly prevalent condition worldwide that has been associated with adverse outcomes in offspring, including higher propensity to infection and elevated risk of immune-related disorders like asthma and allergies 1 .
• Breast milk contains a wide variety of immunological components that are essential for neonatal immune development. Among these, it contains immunoglobin G (IgG) immune complexes, which are formed by IgG bound to specific antigens2 .
• These immune complexes have been suggested to play a crucial role in antigen-specific immune response in breastfed infants3 , increasing oral tolerance and asthma prevention 4 .
• Colostrum, the first milk produced after birth, is especially rich in immune components and plays a fundamental role in the immune system development of the infant 1 .
• The purpose of this study is to investigate the impact of maternal obesity on this immunological process by measuring antigen-bound IgG immune complexes in colostrum and plasma samples from a cohort of 9 mothers with BMI between 18.5-25 or \u3e30 kg/m2.https://commons.stmarytx.edu/rscpos25/1051/thumbnail.jp