Functions of Freedom -- Privacy, Autonomy, Dignity, and the Transnational Legal Process

What is the function of freedom for the transnational legal process? This Article answers this question through the lens of the ongoing Ukrainian crisis and the deeply inconsistent international legal arguments presented by each side of the conflict. These inconsistencies suggest that criticism of international law as purely political pretense has merits. The Article shows that transnational legal process theory can account for and incorporate these facial inconsistencies and thus address the criticism leveled at international law. The Article proceeds to develop a theory of freedom as a value that is internal to, and necessary for, transnational legal process. This theory of freedom relies not upon the classical liberal understanding of freedom as positive or negative freedom. Instead, it reconstructs freedom around the value of human dignity. The Article concludes that freedom as dignity is a central value of the transnational legal process and that the transnational legal process would cease to function in its absence

Racist Racism: Complicating Whiteness Through the Privilege & Discrimination of Westerners in Japan

With no anti-discrimination legislation, strong Confucian-inspired ingroup mentality, and a belief in their mono-ethnicity, Japan is marred by a culture of widespread discrimination. Although it has ratified the International Convention for the Elimination of All Forms of Racial Discrimination, and guarantees equality in its Constitution, all those who differ from the closely circumscribed norm are excluded culturally, and legally. Whites’ position in this milieu is complicated because of the West’s unique historical relationship with Japan, and due to the perception of white global dominance. Although admired and arguably privileged over other outsiders, Caucasians are nevertheless mocked and discriminated against—openly, frequently, and with impunity. The concept of racism, as funneled through critical race theory’s (“CRT”) reliance on homogeneous white privilege, lacks dialectic space to address their experiences of discrimination. Yet both CRT analytical tools and desire for praxis, and Confucian respect for human dignity have much to offer in expanding discrimination discourse, exposing the concept of racism as Western-centric, supporting equality, and giving voice to victims who do not fit the victim norm. In the process, this enlarged theoretical and analytical space can help alleviate Japan’s labor shortage, prompting multi-faceted reforms, and achieving true Confucian harmony and democracy. I propose to create new discourse, situated within expanded CRT and whiteness studies, while providing analytical coverage to a group of Caucasians rarely mentioned in popular or scholarly literature. Definitions of “the other” and “white privilege” need to move away from monolithic notions of race and power, which are white-centric and racist themselves

Surrogate MR markers of response to chemo- or radiotherapy in association with co-treatments: a retrospective analysis of multi-modal studies

The study of magnetic resonance (MR) markers over the past decade has provided evidence that the tumor microenvironnement and hemodynamics play a major role in determining tumor response to therapy. The aim of the present work is to predict and monitor the efficacy of co-treatments to radio- and chemotherapy by noninvasive MR imaging. Ten different co-treatments were involved in this retrospective analysis of our previously published data, including NO-mediated co-treatments (insulin and isosorbide dinitrate), anti-inflammatory drugs (hydrocortisone, NS-398), anti-angiogenic agents (thalidomide, SU5416 and ZD6474), a vasoactive agent (xanthinol nicotinate), botulinum toxin and carbogen breathing. Dynamic contrast enhanced (DCE) MRI, intrinsic susceptibility-weighted (BOLD) MRI and electronic paramagnetic resonance (EPR) oximetry all reflect tumor microenvironment hemodynamic variables that are known to influence tumor response. Eight MR-derived parameters (markers) were tested for their ability to predict therapeutic outcome (factor of increase in regrowth delay) in experimental tumor models (TLT and FSaII) after radiation therapy and/or chemotherapy with cyclophosphamide, namely tumor pO(2) and O(2) consumption rate (using EPR oximetry); tumor blood flow and permeability, i.e. V (p), K (trans), K (ep) and percentage of perfused vessels (using DCE-MRI); and BOLD signal intensity and R (2)* (using functional MRI). This multi-modal comparison of co-treatment efficacy points out the limitations of each MR marker and identifies in vivo pO(2) as a relevant endpoint for radiation therapy. DCE parameters (V (p) and K (ep)) were identified as a relevant endpoints for cyclophosphamide chemotherapy in our tumor models. This study helps qualify relevant imaging endpoints in the preclinical setting of cancer therapy. Copyright (c) 2010 John Wiley & Sons, Ltd

Multiple Dimensions of Racial Group Identification Among Adult Black Americans

Although increasing attention has been brought to examining group identity among Black adults, we know little about reference groups within the overall racial group category. Using National Study of Black America data for 2,107 respondents, the present study highlighted various components of group identification among adult Black Americans. Structural equation modeling revealed three dimensions to identity (masses, elites, and rebels) variously associated with a set of sociodemographic and residential variables. Respondents who were older, married, less educated, and living in the South and in rural areas were most likely to identify with the masses. Olde, rural, less educated, and married people also felt close to elites, as did those with low incomes. Finally, the young, males, those with low incomes, and not from the South felt close to rebels. The results support describing at least three reference groups within what is typically called Black group identity.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/67631/2/10.1177_00957984970233010.pd