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Using \u27Enacted Purposes\u27 to Interpret a Regulatory Statute
Get PDFHow does a regulatory agency or a reviewing court deal with the multiple “enacted purposes” that may exist in a regulatory statute? In this Article it is argued that the problem of multiple purposes can be optimally dealt with by looking at these purposes as forming an optimization problem—minimization or maximization. This novel approach requires identifying, if possible, one purpose as the primary objective and then treating the other clearly stated purposes as constraints. Depending on the issue at hand, not all constraints will be relevant. However, the primary objective will always need to be considered. Once the primary objective and applicable constraints are identified, then the result can be used to define ambiguous statutory terms such as “in the public interest.”
This optimization approach is utilized in evaluating the legal validity of the Surface Transportation Board’s new rule, Reciprocal Switching for Inadequate Service. The Board regulates the freight rail industry under the authority of the Staggers Rail Act of 1980. Reciprocal switching “is an arrangement that permits an industry served by a single rail carrier to access additional rail services through a competing line haul carrier.” The validity of the new rule is currently under review by the U.S. Court of Appeals for the Seventh Circuit.
The Staggers Act provides that the Board may promulgate a rule implementing prescribed reciprocal switching if it is based on the authority derived from the term “in the public interest.” Unfortunately, when determining if it was acting “in the public interest” in promulgating its new rule, the Board did not adequately take into consideration all of the Act’s enacted purposes, including the primary objective of minimizing regulation. This is an unreasonable approach, an arbitrary and capricious act, and therefore the Seventh Circuit is duty bound to vacate it. Moreover, in a post-Chevron world, even if the Board were to revise its rule so it would be considered reasonable, a reviewing court could still find that its interpretation is not correct. This is where the applying of the optimization approach will be of most value, minimizing the risk that this will happen
Regulation and Function of mec-2 Alternative Splicing in Single Cells
No full textOne mechanism for generating diversity at the single cell level is selective expression of a unique set of transcription factors (TFs) and RNA binding proteins (RBPs). These regulatory factors contribute to functions of cells by controlling cell fate, turning genes on and off, and processing of transcripts either co- or post-transcriptionally. Many genes, especially neuronal genes, have multiple different splicing events, promoters, and/or polyadenylation sites. Post-transcriptional coordination is in the infancy of being studied and the functional consequences of this coupling at the single cell level has yet to be explored. Here we show, mec-2 coordination of alternative transcription start sites (TSS), alternative splice sites, and alternative transcription termination sites (TTS) in single neurons is highly coordinated. Most neuron types largely select for one of eight TSS and are exclusively coupled to one of four TTS, except for mechanosensory neurons selecting for more complex processing. This regulation is not carried out by a single master-regulatory factor in a given cell, but rather many TFs and RBPs acting in concert to coordinate the processing of a single transcript. This level of regulation shows just how tight the regulation of such complex genes is at the single neuron level. Organism behavior not only depends on the development and function of a single cell to not only the express the correct set of genes, but also the correct set of isoforms
Epigenomics-Based Approaches to Predict Transcriptional Regulators
Get PDFTranscriptional regulators (TRs), proteins controlling gene expression, play a critical role in health and disease. Dysregulated TRs have been implicated in various diseases and cancers, driving the development of computational methods using next-generation sequencing (NGS) data for TR identification. However, a systematic evaluation of these NGS-based methods has been lacking. This dissertation presents a comprehensive review of thirteen existing methods, benchmarking their performance using gene sets derived from TR perturbations.
We further address the emerging challenge of identifying TRs from epigenomic regions (peaks) using NGS techniques. Existing methods often rely on motif-based analysis or user-provided gene lists, both having severe limitations. In addition, many methods lack interpretability and confidence measures due to the naïve use of statistical tests. To overcome these challenges, we introduce BIT (Bayesian Identification of Transcriptional Regulators from Epigenomics-Based Query Region Sets), a novel Bayesian hierarchical approach. BIT leverages extensive TR ChIP-seq data to estimate consistency between user-provided epigenomic regions and TR binding profiles while quantifying uncertainty, thereby enhancing accuracy and interpretability. We demonstrate BIT\u27s superior performance across various applications, offering deeper biological insights into transcriptional regulation
Curiousity Killed the (Fat) Cat: Promoting Safety Over Profit in the Space Tourism Industry
Get PDFHumans have never been more capable than they are now of dominating the extreme environments of the universe. This newfound capacity to enter the depths of the oceans and exit the familiar grasp of the atmosphere has led to an unprecedented ability to explore the corners of the universe. This ability brings excitement and opportunity but also presents many potentially fatal risks associated with the unknowns of the extreme environments being explored. The space tourism industry, like other extreme tourism industries, faces the challenge of navigating the forefront of human exploration in a sustainable way that preserves the lives and well-being of its customers. This comment examines the current regulatory landscape of space tourism and compares it to the regulatory schemes governing other types of extreme tourism. It suggests ways the modern push for safety in space tourism can overcome issues causing past incidents using verifiable science to minimize the chance of error on any given venture. This comment primarily draws on the recent fatal OceanGate Titan implosion as an example of the risks resulting from the operation of improperly constructed passenger vessels in sparsely regulated environments, discussing the need for a comprehensive safety regulation framework in the United States that will ensure the safety of space tourists and crew that take part in U.S.-originated private expeditions beyond the Earth’s atmosphere
Empty State Electronics
Get PDFField emitter arrays (FEAs) have the potential to operate at high frequencies and withstand harsh environments, such as radiation and high temperatures. However, they are sensitive to gaseous environments. This study examines the impact of different gas environments on silicon (Si) and gallium nitride (GaN) FEAs. To investigate the failure mechanisms, a vacuum system was designed and fabricated to monitor emission uniformity using a phosphor screen. Additionally, a vacuum system was created to introduce high-purity gases into the chamber while operating the devices. The results indicate that both types of FEAs are susceptible to oxidizing environments. Argon (Ar) did not significantly affect the emission current, whereas nitrogen (N2) enhanced the current
Is Helping You Good for Me? Associations with Giving Capitalization Support and the Moderating Role of Closeness
Get PDFWhen good things happen, people often seek to share their joy with others. This act of sharing one’s positive experience with another is termed capitalization. Receiving capitalization support has been linked to multiple positive outcomes, especially when one receives an engaged and positive response. However, the outcomes related to giving engaged and positive responses to another’s capitalization are less clear. The current study sought to understand how responding positively to a romantic partner’s capitalization event is associated with the support provider’s momentary mood and interpersonal closeness. Additionally, the current study examined how the support provider’s trait-level closeness with their partner interacts with these associations. Results indicated that giving positive support in response to capitalization was not related to the support provider’s mood or closeness. Moreover, trait-level closeness did not interact with these associations. Implications for giving capitalization support and key future directions are discussed
Repurposing the Land of an East Los Angeles Church: The Discovery of How Small and Medium Sized Churches through Affordable Housing Can Combat Homelessness while Revitalizing its Nonprofit Status
Get PDFIn order to live, humans need to sleep; therefore, sleep is mandatory, but unfortunately, everyone does not have the option of sleeping inside. Subsequently, many homeless encampments have developed in many countries. The perspective that people have often determines their response to homelessness. One person might view a homeless encampment as a problem that needs to be removed while someone else can view it as an opportunity to serve the least of these. Not only did Adam and Eve experience homelessness when removed from the Garden of Eden, but Mary, Joseph, and Jesus experienced first-hand the rollercoaster of inadequate housing. Even though the poor is still present today, does not mean that the poor has to exist tomorrow. God is calling out to those who have, to show compassion to those who have not, and one way are for churches to combat homelessness by repurposing their land through affordable housing
A Critique of the Current Epidemic in our Criminal Justice System: “Guilty Until Proven Innocent”
Get PDFIt has been a long-held notion of American jurisprudence that a citizen of this country shall not be deprived of their fundamental rights until required so by law. It is an offshoot of this notion that an American should not be deprived of these fundamental rights through being confined to jail or prison until twelve of their own fellow peers have laid down a finding of guilty. However, this phenomenon is exactly what is happening today, and the issue has been steadily increasing in occurrence since the passing of a federal statute in 1984.
Because of judicial interpretation and government guidance on the Federal Bail Reform Act of 1984, defendants who are facing federal criminal charges are being sentenced to pretrial detainment prior to judgment in front of that exact pool of their twelve peers. Defendants who meet certain loosely specified “criteria” are being judged by a jury of one, a single federal judge, and are being forced to learn the implications of being a convicted criminal in the United States prison system before they otherwise would. While the federal statute attempts to gloss what is happing by labeling the locations “correction facilities,” it does not change the crux of the problem— defendants who are not a danger to society nor to bailing on their trial hearings (determined by whether they can be considered a “flight risk”) are being deprived of their fundamental rights prior to a finding of guilty. Failing to appear for a hearing in the context explained above is the subject of this Comment. Whether a defendant should be classified as a “flight risk” or not under 18 U.S.C.§ 3142(f)(2)(A) is determined based on evidence that is not subject to the normal rules of evidence seen in criminal trials, hinges upon to the sole discretion of the presiding judge, and is determined through a set of ambiguous circumstances that are up for interpretation.
This Comment seeks to explain the background and history that necessitated passing of such a federal law. This Comment will critique the way a large portion of the judicial system is interpreting this statute, specifically one portion of the statute, and manipulating its provisions as a way to sentence defendants to pretrial detainment where not warranted. Finally, this Comment will provide a potential solution, as well as an alternative format to the specific portion of the statute that is heavily subjected to abuse and a stretching of its intended scope