Leeway for Judicial Usurpation: Ignoring the Default of the Elections Clause in the Texas Redistricting Cases

The Supreme Court has had a difficult time in deciding how to handle the issue of partisan gerrymandering, a legislative procedure practiced since our nation’s founding. Oscillating in the past half century, they have ruled non-racial gerrymandering as both nonjusticiable and justiciable, but never with an agreement to a standard of unconstitutionality. Lower courts have struggled to apply the Court’s confusing decisions pragmatically and have been forced to nearly always dismiss such cases, but debate continues as to whether courts should be addressing this is at all. Some argue that the Constitution expressly leaves congressional districting to the state legislatures and Congress, with absolutely no role for courts; while others claim judicial review and other legal and political developments allow courts to intervene in the redistricting process. At issue is the Elections Clause of the Constitution, specifically its language, interpretation, and amending. Either this clause is a manifest declaration that redistricting is principled in federalism and separation of powers, foreclosing judicial activity, or the clause and subsequent constitutional amendments require court action in the redistricting process. The first theory leaves congressional districting to the elected branches of government as a nonjusticiable political question, while the second has several theories for a judicial role, such as First Amendment protections, Equal Protection rights, or Guarantee Clause requirements. It is clear that racial gerrymandering is both an Equal Protection Clause and Fifteenth Amendment violation, but the constitutionality of districting based on political party identification remains in limbo. When the Supreme Court decided The Texas Redistricting Cases, it only added to the confusion. This was a wasted opportunity to resolve an important question in American politics and law, and the Court should have held that non-racial gerrymandering is a “political question.” While the holding was correct, the plurality opinion with its multiple concurrences and dissents produce no clear guidance for future cases; strictly applying a standard that political gerrymandering cases are nonjusticiable is a better standard

Developing ‘process pragmatism’ to underpin engaged research in human geography

This is the final version of the article. Available from SAGE Publications via the DOI in this record.This paper explores the contribution that pragmatist philosophy can make to the way that we do research and teaching in human geography. It provides a historical overview of the key ideas in the tradition, their influence on the Chicago School of Sociology and community organizing, and the implications of this work for epistemological practice. The paper then looks at the variety of ways in which human geographers are using research as a means to engage in the world today, focusing in particular on the contributions of participatory action research (PAR), before making the case for ‘process pragmatism’ as a framework for doing this kind of research. To illustrate the potential of this approach, the paper outlines current research, teaching and organizing activity being undertaken by geographers at Queen Mary University of London. The paper suggests that pragmatism provides a theoretical and methodological foundation for research and teaching which can facilitate the creation of new publics, and can help to build power and democratic capacity with the aim of remaking the world.The author(s) disclosed receipt of the following financial support for the research, authorship, and/or publication of this article: Liam Harney would like to acknowledge the support of Queen Mary University Centre for Public Engagement for funding a publication on the housing crisis in Tower Hamlets, the Antipode Foundation for awarding a Scholar-Activist award for a research project on pragmatism, and the ESRC for a 1+3 PhD studentship. Jenny McCurry and James Scott would both like to acknowledge the support of the ESRC for +3 PhD studentships. Jane Wills would like to acknowledge the support of the Leverhulme Trust for funding a research project on localism in the UK that includes the work of Citizens UK

Nucleotide metabolic mismatches in mammalian hearts: implications for transplantation

INTRODUCTION: Human donor organ shortages have led surgeons and scientists to explore the use of animals as alternative organ sources. Acute thrombovascular rejection (AVR) is the main hurdle in xenotransplantation. Disparities in nucleotide metabolism in the vessels of different species may contribute significantly to the microvascular component of AVR. METHODS: We evaluated the extent of nucleotide metabolism mismatch in selected organs and endothelial cells of different mammals with particular focus on the changes in activity of ecto-5’-nucleotidase (E5’N) elicited by exposure of porcine hearts or endothelial cells to human blood (ex vivo) or human plasma (in vitro). RESULTS: E5’N activity in the rat heart was significantly higher than in other species. We noted a significant difference (p<0.001) in E5’N activity between human and pig endothelial cell lines. Initial pig aortic endothelial E5’N activity decreased in vitro after a three-hour exposure to human and porcine plasma while remaining constant in controls. Ex vivo perfusion with fresh human blood for four hours resulted in a significant decrease of E5’N activity in both wild type and transgenic pig hearts overexpressing human decay accelerating factor (p<0.001). CONCLUSIONS: This study provides evidence that mismatches in basal mammalian metabolic pathways and humoral immunity interact in a xenogeneic environment. Understanding the role of nucleotide metabolism and signalling in xenotransplantation may identify new targets for genetic modifications and may lead to the development of new therapies extending graft survival

Infusion of donor leukocytes to induce tolerance in organ allograft recipients

To further enhance chimerism, 229 primary allograft recipients have received perioperative intravenous infusion of a single dose of 3 to 6 x 108 unmodified donor bone marrow (BM) cells/kg body weight. In addition, 42 patients have been accrued in a concurrent protocol involving multiple (up to three) sequential perioperative infusions of 2 x 108 BM cells/kg/day from day 0-2 posttransplantation (PTx). Organ recipients (n = 133) for whom BM was not available were monitored as controls. The infusion of BM was safe and except for 50 (18%), all study patients have optimal graft function. Of the control patients, allografts in 30 (23%) have been lost during the course of follow-up. The cumulative risk of acute cellular rejection (ACR) was statistically lower in the study patients compared with that of controls. It is interesting that, 62% of BM-augmented heart recipients were free of ACR (Grade ≥ 3A) in the first 6 months PTx compared to controls. The incidence of obliterative bronchiolitis was also statistically lower in study lung recipients (3.8%) compared with the contemporaneously acquired controls (31%). The levels of donor cell chimerism were at least a log higher in the peripheral blood of majority of the study patients compared with that of controls. The incidence of donor-specific hyporeactivity, as determined by one-way mixed leukocyte reaction, was also higher in those BM-augmented liver, kidney, and lung recipients that could be evaluated compared to controls

Alemtuzumab induction and tacrolimus monotherapy in pancreas transplantation: One- and two-year outcomes

BACKGROUND. Alemtuzumab (Campath-1H) induction with tacrolimus monotherapy has been shown to provide effective immunosuppression for kidney, liver, lung, and small bowel transplantation. This drug combination was evaluated in pancreas transplant recipients. METHODS. Sixty consecutive pancreas transplants (30 simultaneous pancreas-kidney, 20 pancreas after kidney, and 10 pancreas alone) were carried out under this protocol between July 2003 to January 2005. The mean follow-up was 22 months (range 17-33). RESULTS. One-year patient, pancreas, and kidney allograft survival were 95%, 93%, and 90%, respectively. With 22 months follow-up, patient, pancreas, and kidney survival were 94%, 89%, and 87%, respectively. The rejection rate was 30% (18/60), with four patients (7%) experiencing steroid-resistant rejection. Major infection occurred in three (5%) patients resulting in two (3.3%) deaths from disseminated histoplasmosis and a herpes virus infection. One patient with cryptococcal meningitis was successfully treated. Seven (11.7%) patients experienced cytomegalovirus infection, all of whom responded to treatment with ganciclovir. One (1.7%) case of polymorphic posttransplant lymphoproliferative disease was seen, which regressed with a temporary discontinuation of tacrolimus and high-dose ganciclovir. The mean serum creatinine of the 30 simultaneous pancreas-kidney transplants at one year posttransplant was 1.37±0.33 mg/ml. The preexisting creatinine in pancreas after kidney transplants was not adversely affected by this immunosuppressive protocol. CONCLUSION. A single dose of perioperative alemtuzumab followed by daily tacrolimus monotherapy provides effective immunosuppression for pancreas transplantation, but the optimal use of this drug combination is not yet clear. © 2006 Lippincott Williams & Wilkins, Inc

Kidney after nonrenal transplantation-the impact of alemtuzumab induction

BACKGROUND.: Calcineurin inhibitor nephrotoxicity in nonrenal allograft recipients can lead to end-stage renal disease and the need for kidney transplantation. We sought to evaluate the role of alemtuzumab induction in this population. PATIENTS AND METHODS.: We evaluated 144 patients undergoing kidney transplantation after nonrenal transplantation between May 18, 1998, and October 8, 2007. Seventy-two patients transplanted between January 15, 2003, and October 8, 2007, received alemtuzumab induction and continued their pretransplant immunosuppression. Seventy-two patients transplanted between May 18, 1998, and July 21, 2007, did not receive alemtuzumab induction, but received additional steroids and maintenance immunosuppression. Donor and recipient demographics were comparable. RESULTS.: Overall, 1-and 3-year patient survival and renal function were comparable between the two groups. One-and 3-year graft survival was 93.0% and 75.3% in the alemtuzumab group and 83.3% and 68.7% in the no alemtuzumab group, respectively (P=0.051). The incidence of acute rejection was lower in the alemtuzumab group, 15.3%, than in the no alemtuzumab group, 41.7% (P=0.0001). The incidence of delayed graft function was lower in the alemtuzumab group, 9.7%, than in the no alemtuzumab group, 25.0% (P=0.003). The incidence of viral complications was comparable. CONCLUSION.: Alemtuzumab induction with simple resumption of baseline immunosuppression in patients undergoing kidney transplantation after nonrenal transplantation represents a reasonable immunosuppressive strategy. Copyright © 2009 by Lippincott Williams & Wilkins

Antilymphoid antibody preconditioning and tacrolimus monotherapy for pediatric kidney transplantation

Objective: Heavy post-transplant immunosuppression may contribute to long-term immunosuppression dependence by subverting tolerogenic mechanisms; thus, we sought to determine if this undesirable consequence could be mitigated by pretransplant lymphoid depletion and minimalistic post-transplant monotherapy. Study design: Lymphoid depletion in 17 unselected pediatric recipients of live (n = 14) or deceased donor kidneys (n = 3) was accomplished with antithymocyte globulin (ATG) (n = 8) or alemtuzumab (n = 9). Tacrolimus was begun post-transplantation with subsequent lengthening of intervals between doses (spaced weaning). Maintenance immunosuppression, morbidity, graft function, and patient/graft survival were collated. Results: Steroids were added temporarily to treat rejection in two patients (both ATG subgroup) or to treat hemolytic anemia in two others. After 16 to 31 months (mean 22), patient and graft survival was 100% and 94%, respectively. The only graft loss was in a nonweaned noncompliant recipient. In the other 16, serum creatinine was 0.85 ± 0.35 mg/dL and creatinine clearance was 90.8 ± 22.1 mL/1.73 m2. All 16 patients are on monotherapy (15 tacrolimus, one sirolimus), and 14 receive every other day or 3 times per week doses. There were no wound or other infections. Two patients developed insulin-dependent diabetes. Conclusion: The strategy of lymphoid depletion and minimum post-transplant immunosuppression appears safe and effective for pediatric kidney recipients. © 2006 Elsevier Inc. All rights reserved

If It Was Good Enough to Work Against the Nazis . . . : Revitalizing the Foreign Agents Registration Act to Regulate Modern Foreign Electioneering

News headlines from the 2016 election to the present have described an ongoing political scandal that is unmatched in modern history: continued attempts of foreign interference in U.S. elections. It is fairly obvious that the United States lacks adequate restrictions to prevent foreign interference in U.S. elections. It therefore needs a law that—while passing constitutional scrutiny—prohibits more foreign political activity than what is currently covered, especially in relation to social media. This should be a simple and effective legislative fix, a return to the core aspects of the original Foreign Agents Registration Act (FARA) that focuses on potential electioneering of foreign actors in this modern medium. Because of judicial interpretations for federal campaign finance law, only a small portion of election interference efforts are currently prosecutable. On the other hand, while some new laws have been proposed—both in terms of foreign electioneering and regulating social media—none have addressed this important issue in a way that will stop the full range of potential election interference efforts. In addition, many of these legislative proposals needlessly address other concerns. Therefore, in order to properly address foreign interference in U.S. elections, a simpler, more effective legislative solution needs to be enacted; specifically, a revamped FARA that returns to its original core precepts while incorporating certain aspects of modern campaign finance law. This article proposes just such a thing