Daily Archives: September 18, 2016

Daily Science Fiction :: Space Travel

Posted: September 18, 2016 at 8:30 am

by Edoardo Albert

Lars Caron had only taken over as mission commander because Pete Boardman had died. We were the most scanned, checked, and examined group of human beings in history--after all, on the first mission to Mars, you don't want someone falling ill or freaking out on the way--and Pete had checked out clearer than any of us. Then, seven days before departure, he went and died. The autopsy said his heart gave out, but I knew, from speaking to the doctors, that they could not find anything wrong with him. Dead, he presented as perfect a physical specimen as he had when alive. Me, I think he collapsed under the burden of hope that was placed upon him; mission commander, new world, new beginning. So, I grant Lars Caron had some big shoes to fill. But three months into the voyage, we were all getting thoroughly sick of the chip on his shoulder, the unspoken assumption that we had caused every problem laid in front of him. Space is like that: stuff happens. So, the slight sigh and the lowering of his head when he saw me approaching came as no surprise. "Now what's wrong?" he asked.

Published on Aug 7, 2014

by J.W. Alden

They tell you not to wear the uniform in public these days. Folks don't like to be reminded of the war. Not long ago, things were looking grim. Defense exercises lit up the night sky every other week. The skirmishes drew nearer to home with every engagement. Doomsayers were out in force everywhere you looked, screaming about imminent invasion. Things are different now. The enemy is on the run. We're winning. But the war has shaken the public's sense of security, maybe for good. I feel the eyes on me as the hostess leads me to my table. I'm used to it. Half of them are regulars, but they still gawk like they're surprised to see me. The war had just begun when I first started coming here. People used to stare back then too, but the expressions were different. They didn't turn their heads when I looked. They smiled. Some of them would even shake my hand and thank me for my service. That doesn't happen anymore.

Published on Dec 26, 2013

by Leslie Jane Anderson

It was only an affair because he was the captain and Maria was a cadet. If they had been the same rank it might just be a mistake. The other cadets will probably call her a slut now. She hides in her room and the computer pours her a cup of tea. She looks out her window at the earth, spinning. Spinning. She dreams. The concrete basement of her parent's home has flooded, and the racks of their old clothes have fallen under the water. Wires fall from the ceiling and the electricity skitters across the surface like angry white spiders. There was no way to fix this. No way. Everything was ruined. She dreams she is bleeding into the secret caverns of herself.

Published on Dec 20, 2012

by Helena Leigh Bell

Year Zero Pilot Martha Stevenson could not bring her mother's piano, its keys yellowed and stained. Her husband chided her as she brushed away the dust, telling it goodbye.

Published on Jun 20, 2014

by Annie Bellet

The boys lay on their backs side by side staring up through the open roof of the abandoned building. Dylan clutched Meek's hand in anticipation as the ground shook and a roar filled the air. Tiny pebbles danced up from the ground around them and dust ran like water off the crumbling walls. "Ten nine eight seven six five," Dylan whispered, "four three two one."

Published on Dec 17, 2010

by Nicky Drayden

***Editor's Note: Be forewarned: the imagery may be unsettling, some language would not fit at an elegant tea.*** With a fine bone knife I make my incision, cutting back the sticky membrane of Our Tjeng's hull. I slip my hand inside and carefully widen the tear until it's big enough for me to step through. Our Tjeng has blessed Kae and me with gills to breathe within his walls. The viscous liquid is clear and burns my eyes, tart and slick on my tongue.

Published on Aug 16, 2011

by M. E. Garber

Jandara's famed purple-red plains swelled in the antiquated pleasure cruiser's windscreen as the ship lurched downward. The explosion that killed Seema's husband, Arun, had damaged the steering mechanisms of his beloved antique, and Seema fought the craft as shudders wracked it. Vibrations from the steering gears tingled, throbbed, and finally shook her arms. In the passenger compartment, Natesha, her seven-year-old daughter, wailed, echoing Seema's fear: Without Arun, I cannot survive. The ship's belly bumped the ground, rose up, and dove hard. Tearing metal shrieked louder than Natesha. Seema buffeted in her restraints as a series of booms shook what remained of the ship. Then it settled, hissing, to the ground.

Published on Aug 25, 2014

by JT Gill

They hug for what will be the last time.

Published on Sep 15, 2015

by Richard E. Gropp

I stood on the deck of the ship and watched as my planet fell dark, receding into the distance. "This is certainly the long way 'round," the ship whispered in my ear. "We have stations on both sides--you could have stepped right through. We could have folded you all the way."

Published on Oct 3, 2012

by James E Guin

You stand there watching me try on this blouse. "It looks nice," you say, and this time you're actually paying attention.

Published on Dec 4, 2013

by Amber Hayward

I... am. I suppose I am. I have words waiting to awaken. I see something in front of me. I say, "hand," and so it is.

Published on May 11, 2015

by Benjamin Heldt

The flickering light of the television cast Henry's shadow across the darkened room, and across me. Through the speakers a steady voice called time to t minus zero. The rockets fired. Henry gasped, though he didn't move. He was too close, as always, sitting cross-legged on the floor not two feet from the screen. Huge sheets of ice cracked, and fell from the scaffolding and fuel tanks, vaporizing in the blanket of smoke and fire blooming out from the launch site. "Buddy," I said, trying to keep my voice from breaking, "come sit with dad on the couch."

Published on Mar 4, 2013

by Miriah Hetherington

In the shadow of SciCorp's Public Relations building, Kai leaned on his cane and waited for the press conference to end. A sea of reporters separated him from his daughter Suukyi, standing proudly on a podium with the other twelve colonists. Twelve brilliant, highly trained, and fertile Eves; earth's Adams would be represented on the colony ship by a sperm bank.

Published on Jul 10, 2015

by Rebecca Hodgkins

The Rocketeer leans against the chrome bar, nursing a drink. She has a few choices of scenery--bad choices, in her opinion. Like always, the Rocketeer picks the best of the worst; the view out the window of the space station orbiting Mars. She looks down at the red surface polka-dotted with rockets, shiny silver spears pointing back at her, at the station, at the stars beyond. Just a quick jump down, then into a rocket, and back out into the Black again. And none of these bucks taking up the rest of the bar know what they're in for, she thinks.

Published on Sep 9, 2014

by Brian Lawrence Hurrel

Jump flash, blinding but brief. Alpha Centauri A swims into view. It takes only a few minutes after our emergence into realspace for the receiver to align itself with Earth. A long burst of static roars, fades. A voice mutters indistinctly, distorted as if bubbling up from deep under water, then suddenly rings out in shrill clarity. " and this so-called Daedalus drive is not only a scientific impossibility, but a perfect example of misappropriated resources."

Published on May 3, 2011

by K.G. Jewell

"Fifty-Nine, baby! Fifty-Nine!" Ted chortled, chipping a chunk of rock off Fenrir's surface and dumping it into the sample bag clipped to the hip of his spacesuit. He looked up at Saturn hanging overhead and flashed two fingers. Two moons to go. He was that close. He deactivated his ground anchor and stepped his aging, creaky bones towards the boxy tangle that was his ship.

Published on Jan 13, 2012

by Rachael K. Jones

My best friend LaToya was utterly fearless. In middle school she could jump farther than any kid. We'd compete for hours after school on the playground, waiting for our dads to pick us up, she in her green-soled Nikes and me in my Reeboks, digging our heels into gravel as we counted down together: "Three--two--one--go!" Then a cloud of dust. We raced three steps and launched heels-first into the sand, ploughing long ditches, stretching our gangly adolescent legs to hit the farthest mark. LaToya usually won. "Best of three," I'd say, and then amend it: "Best of five?"

Published on Jun 23, 2015

by K T

It took tens of thousands of engineers ten million man-hours and over a trillion dollars spread over the course of ten years. There had been political sacrifice, financial sacrifice, even marital sacrifice. Five people died, including a mother, a teacher, and a grandfather of twenty-five. Perhaps, by diverting the same resources, we could have finished the war in Afghanistan twenty years ago. But at last, and not without luck, a man stood atop Olympus Mons. To be that man required years of study in physics, math, chemistry, biology, geology, and languages; including English, Russian, Chinese, and C++. At minimum. It required the eyes of an eagle, the muscles of a Navy SEAL, and the brain of Deep Blue. No TV, no hobbies, no girlfriend, no family. Just blood, sweat, tears, and neurons to live the dream of every bright young male since 1957. Only the brightest, most athletic, most determined polyglot autodidactic polymathic genii could even enter the competition against one thousand equally infallible candidates from every continent.

Published on May 12, 2011

by Will Kaufman

***Editor's Note: Adult language in the story that follows*** Chapter One

Published on Apr 25, 2014

by Sara Thustra

"Now you stop it," snapped the sister. "You sit there and you smile and you tell him you miss him, damn you. Space exploration is a hard job, and one we should be proud of. It's not his fault this seems so often to us." The camera came on. The warble of great distance and stranger forces, too, played with the image. The man it showed was quite old, and dressed in a uniform from decades ago. "...Sally?" he said hesitantly.

Published on Jan 2, 2012

by Brynn MacNab

We deployed on February 14, Saint Valentine's Day, named for the saint who performed forbidden marriages. I stood in line next to a guy named Wallace Ault. Around us was much wailing and gnashing of teeth, a lot of people sobbing on each other's necks. Wallace and I weren't falling apart. He had a girl, a nice lean thing with good legs in a swirling brown knee-length skirt. She kissed him goodbye real quick and ran. I figured maybe they were secretly married themselves.

Published on Aug 5, 2014

by Caw Miller

Fleet Commander Yazle picked her way through the debris of a destroyed city on the planet Unlivil. Beside her walked the High Grasper, the leader of the largest hive on the planet. Commander Yazle wondered why she had been invited to go on this perambulation with the pale, octopus-like being. She had expected hatred, possibly a murder attempt; not grateful politeness. The High Grasper flashed three tentacles at a small winged scavenger, which took flight. The High Grasper picked up the mostly eaten carcass of a hexipod and placed it in a pouch.

Published on Aug 12, 2016

by Devin Miller

"My job as a father, Jalel," he told me one morning, "is to leave you better off than I was." It was a cold morning. On this planet, called Apella, the winters lasted years. Frost clung to some of the heartiest vegetation ever studied, and in their shadows, small animals sent up puffs of white dust in their quest for buried food.

Published on Mar 18, 2013

by KC Myers

The year EarthFed discovered hyperspace sickness was the year Jace McCallister's father never came home from outer space. They brought him back Earthside wrapped up in cotton and gauze so he wouldn't hurt himself, but his mind was still out there, caught in that strange between-place that nobody really understood, but into which spacegoers were expected to fling themselves so they could traverse the otherwise non-traversable distances between solar systems. No one knew how to treat him; no one knew why the jump had affected him that way in the first place. Jace was six. She was too little to understand why Daddy had gone out into the black, or why she couldn't visit him in the hospital now that he'd returned. She didn't understand that he hadn't returned at all. Not really.

Published on Apr 29, 2016

by Bridget A. Natale

***Editorial Advisory: Yes, there's adult language in the story that follows*** "I can't go to Bellingham with you. Not right now."

Published on May 1, 2013

by Ruth Nestvold

Published on Feb 2, 2012

by Jonathan Fredrick Parks

This is Tomorrow speaking. The voice came from the Eleven O' Thirty radio. The left bar flashed painting the storage room a green color. Are you listening? I turned the dial two clicks to the right. You are me from the future, right?

Published on Sep 2, 2011

by Ernesto Pavan

To those who were called and replied "I'll go" To those who filled the void between the stars with dreams of hope

Published on Nov 27, 2014

by Craig Pay

Something blue. Celeste: 25, Joseph: 26, Susie: 5

Published on Nov 15, 2011

by L.L. Phelps

We're falling fast through the atmosphere, what's left of the station shaking violently as it breaks apart. "We have to get to the escape pods," Natayla screams at me. I can barely hear her over the roar around us, but I can read the words on her lips as fear dances wild in her eyes. "Now!" she screams, shaking me.

Published on Mar 24, 2014

by Cat Rambo

Day One After the men in dark sunglasses ushered Djuna outside, spring's chill chased her up the steps into the bus's welcome heat. She wavered on the last step, suitcase in front of her like a wall, thinking, "My fiftieth spring on Earth, can I really leave that?" Someone pushed at her and she went in.

Published on Feb 24, 2012

by Stephen V. Ramey

Stardate 2025:325. We touch down on Mars. Flesh-colored dust settles around the capsule as the creaking, cooling fuselage ticks down to silence. Your face is pale inside the helmet; your hand grips the armrest between us. I think of your fingernails digging into my back, a shock of pain-pleasure distantly penetrating a mind preoccupied with release. The window onto this world is so small, yet the vista is endless. I breathe into my helmet until the visor fogs.

Published on May 6, 2015

by Stephen V. Ramey

Our paranoia is infinite today. And not without reason. We have just endured a journey to and from Mars orbit in full view of the world. Areas of the ship that were supposed to be off-limits were not. Every bowel movement, every wet dream and dry heave, a veritable sampler of trysts--it has all been broadcast, sprinkled across the globe like so much Hollywood glitter. The ultimate Reality Show, with our crew of six as unaware actors. Jimmy found the first pinhole camera. He brought it to me, pinched between his fingers like an insect with overlong legs. A frown fixed on his blocky face. His blue eyes blinked and blinked again.

Published on Apr 17, 2012

by Shane D. Rhinewald

Jerry sits in his favorite chair--the one with the red, plastic back. He says the others just don't feel right. His eyes dart around the room with boyish wonder, but they're a man's eyes, milky with cataracts, edged with wrinkles. He looks at the black and white pictures on the wall depicting historic events and gives me the date (down to the time of day in some cases) for everything from the Kennedy assassination to the shooting at Columbine. "Jerry, how do you feel today?" I ask, tapping my pen. Every session starts with a similar line of questioning; Jerry likes the routine. "Do you know how you feel?"

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Daily Science Fiction :: Space Travel

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Space travel – Dune – Wikia

Posted: at 8:30 am

Original Dune This article or section refers to elements from Original Dune.

Space travel played a major role in the evolution and expansion of humanity throughout the known universe. Two forms of space travel existed: faster than light space travel, and conventional space travel.

For several thousand years, faster than light travel (or space-folding) was conducted exclusively by the Spacing Guild, using Spacefolder vessels piloted by Guild navigators that folded space-time and moved almost immeasurable distances in the blink of the eye.

This form of travel, while extremely expensive, was also not safe as one in ten ships that used space folding engine disappeared, at least during the early years of the technology's use before the advent of Navigators. It was utilized for both commercial and military purposes. Space-folding made use of two key factors:

Eventually, at some point between the fall of the Atreides Empire and the discovery of the Dar-es-Balat hoard, Ixian navigation machines broke the guild monopoly on foldspace by providing a means of safely navigating foldspace without a navigator.[1][2]

The old FTL conventional space travel was used mainly for travel within the confines of a star system (not for interstellar travel). However, before the discovery of the new faster-than-light travel method, it was also used for long-distance space travel. The old method was described as "outraceing photons". Even after space-folding became the primary means of interstellar travel, many Imperial warships still kept their old FTL drives as an alternative to the much faster but less reliable Holtzmann engines.

The connection between faster than light travel and the Holtzman Effect is not explicitly mentioned by Frank Herbert. It is a connection made in the prequel novels by Brian Herbert and Kevin J. Anderson.

In the 'Legends of Dune' trilogy, the pair describe the time shortly before and during the discovery of space-folding. In these works the discovery of space-folding is attributed to Norma Cenva, who goes on to become the first prescient folded space navigator. Prior to this, although described in 'The Machine Crusade' as "outracing the old faster than light method", vessels still took weeks or months to cross between even the closest stars.

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Space travel - Dune - Wikia

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Dolly (sheep) – Wikipedia, the free encyclopedia

Posted: at 8:23 am

Dolly (5 July 1996 14 February 2003) was a female domestic sheep, and the first mammal cloned from an adult somatic cell, using the process of nuclear transfer.[2][3] She was cloned by Sir Ian Wilmut, Keith Campbell and colleagues at the Roslin Institute, part of the University of Edinburgh, Scotland, and the biotechnology company PPL Therapeutics, based near Edinburgh. The funding for Dolly's cloning was provided by PPL Therapeutics and the UK's Ministry of Agriculture.[4] She was born on 5 July 1996 and died from a progressive lung disease 5 months before her seventh birthday.[5] She has been called "the world's most famous sheep" by sources including BBC News and Scientific American.[6][7]

The cell used as the donor for the cloning of Dolly was taken from a mammary gland, and the production of a healthy clone therefore proved that a cell taken from a specific part of the body could recreate a whole individual. On Dolly's name, Wilmut stated "Dolly is derived from a mammary gland cell and we couldn't think of a more impressive pair of glands than Dolly Parton's".[1]

Dolly was born on 5 July 1996 and had three mothers (one provided the egg, another the DNA and a third carried the cloned embryo to term).[8] She was created using the technique of somatic cell nuclear transfer, where the cell nucleus from an adult cell is transferred into an unfertilized oocyte (developing egg cell) that has had its cell nucleus removed. The hybrid cell is then stimulated to divide by an electric shock, and when it develops into a blastocyst it is implanted in a surrogate mother.[9] Dolly was the first clone produced from a cell taken from an adult mammal. The production of Dolly showed that genes in the nucleus of such a mature differentiated somatic cell are still capable of reverting to an embryonic totipotent state, creating a cell that can then go on to develop into any part of an animal.[10] Dolly's existence was announced to the public on 22 February 1997.[1] It gained much attention in the media. A commercial with Scottish scientists playing with sheep was aired on TV, and a special report in TIME Magazine featured Dolly the sheep.[4]Science featured Dolly as the breakthrough of the year. Even though Dolly was not the first animal cloned, she received media attention because she was the first cloned from an adult cell.[11]

Dolly lived her entire life at the Roslin Institute in Edinburgh. There she was bred with a Welsh Mountain ram and produced six lambs in total. Her first lamb, named Bonnie, was born in April 1998.[5] The next year Dolly produced twin lambs Sally and Rosie, and she gave birth to triplets Lucy, Darcy and Cotton in the year after that.[12] In late 2001, at the age of four, Dolly developed arthritis and began to walk stiffly. This was treated with anti-inflammatory drugs.[13]

On 14 February 2003, Dolly was euthanised because she had a progressive lung disease and severe arthritis.[14] A Finn Dorset such as Dolly has a life expectancy of around 11 to 12 years, but Dolly lived 6.5 years. A post-mortem examination showed she had a form of lung cancer called Jaagsiekte,[15] which is a fairly common disease of sheep and is caused by the retrovirus JSRV.[16] Roslin scientists stated that they did not think there was a connection with Dolly being a clone, and that other sheep in the same flock had died of the same disease.[14] Such lung diseases are a particular danger for sheep kept indoors, and Dolly had to sleep inside for security reasons.

Some in the press speculated that a contributing factor to Dolly's death was that she could have been born with a genetic age of six years, the same age as the sheep from which she was cloned.[17] One basis for this idea was the finding that Dolly's telomeres were short, which is typically a result of the aging process.[18][19] The Roslin Institute stated that intensive health screening did not reveal any abnormalities in Dolly that could have come from advanced aging.[17]

In 2016 scientists reported no defects in thirteen cloned sheep, including four from the same cell line as Dolly. The first study to review the long-term health outcomes of cloning, the authors found no evidence of late-onset, non-communicable diseases other than some minor examples of oseteoarthritis and concluded "We could find no evidence, therefore, of a detrimental long-term effect of cloning by SCNT on the health of aged offspring among our cohort."[20][21]

After cloning was successfully demonstrated through the production of Dolly, many other large mammals were cloned, including pigs,[22][23]deer,[24]horses[25] and bulls.[26] The attempt to clone argali (mountain sheep) did not produce viable embryos. The attempt to clone a banteng bull was more successful, as were the attempts to clone mouflon (a form of wild sheep), both resulting in viable offspring.[27] The reprogramming process cells need to go through during cloning is not perfect and embryos produced by nuclear transfer often show abnormal development.[28][29] Making cloned mammals was highly inefficient in 1996 Dolly was the only lamb that survived to adulthood from 277 attempts. However, by 2014 Chinese scientists were reported to have 7080% success rates cloning pigs[23] and in 2016, a Korean company, Sooam Biotech was producing 500 cloned embryos a day.[30] Wilmut, who led the team that created Dolly, announced in 2007 that the nuclear transfer technique may never be sufficiently efficient for use in humans.[31]

Cloning may have uses in preserving endangered species and may become a viable tool for reviving extinct species.[32] In January 2009, scientists from the Centre of Food Technology and Research of Aragon, in northern Spain announced the cloning of the Pyrenean ibex, a form of wild mountain goat, which was officially declared extinct in 2000. Although the newborn ibex died shortly after birth due to physical defects in its lungs, it is the first time an extinct animal has been cloned, and may open doors for saving endangered and newly extinct species by resurrecting them from frozen tissue.[33][34]

In July, 2016, four identical clones of the Dolly sheep (Daisy, Debbie, Dianna and Denise) were alive and healthy at nine years old.[35][36]

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Dolly (sheep) - Wikipedia, the free encyclopedia

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DNA Cloning with Plasmid Vectors – Molecular Cell Biology …

Posted: at 8:23 am

The essence of cell chemistry is to isolate a particular cellular component and then analyze its chemical structure and activity. In the case of DNA, this is feasible for relatively short molecules such as the genomes of small viruses. But genomes of even the simplest cells are much too large to directly analyze in detail at the molecular level. The problem is compounded for complex organisms. The human genome, for example, contains about 6 109base pairs (bp) in the 23 pairs of chromosomes. Cleavage of human DNA with restriction enzymes that produce about one cut for every 3000 base pairs yields some 2 million fragments, far too many to separate from each other directly. This obstacle to obtaining pure DNA samples from large genomes has been overcome by recombinant DNA technology. With these methods virtually any gene can be purified, its sequence determined, and the functional regions of the sequence explored by altering it in planned ways and reintroducing the DNA into cells and into whole organisms.

The essence of recombinant DNA technology is the prep-aration of large numbers of identical DNA molecules. A DNA fragment of interest is linked through standard 35 phosphodiester bonds to a vector DNA molecule, which can replicate when introduced into a host cell. When a single recombinant DNA molecule, composed of a vector plus an inserted DNA fragment, is introduced into a host cell, the inserted DNA is reproduced along with the vector, producing large numbers of recombinant DNA molecules that include the fragment of DNA originally linked to the vector. Two types of vectors are most commonly used: E. coli plasmid vectors and bacteriophage vectors. Plasmid vectors replicate along with their host cells, while vectors replicate as lytic viruses, killing the host cell and packaging the DNA into virions (Chapter 6). In this section, the general procedure for cloning DNA fragments in E. coli plasmids is described.

Plasmids are circular, double-stranded DNA (dsDNA) molecules that are separate from a cells chromosomal DNA. These extrachromosomal DNAs, which occur naturally in bacteria, yeast, and some higher eukaryotic cells, exist in a parasitic or symbiotic relationship with their host cell. Plasmids range in size from a few thousand base pairs to more than 100 kilobases (kb). Like the host-cell chromosomal DNA, plasmid DNA is duplicated before every cell division. During cell division, at least one copy of the plasmid DNA is segregated to each daughter cell, assuring continued propagation of the plasmid through successive generations of the host cell.

Many naturally occurring plasmids contain genes that provide some benefit to the host cell, fulfilling the plasmids portion of the symbiotic relationship. For example, some bacterial plasmids encode enzymes that inactivate antibiotics. Such drug-resistance plasmids have become a major problem in the treatment of a number of common bacterial pathogens. As antibiotic use became widespread, plasmids containing several drug-resistance genes evolved, making their host cells resistant to a variety of different antibiotics simultaneously. Many of these plasmids also contain transfer genes encoding proteins that can form a macromolecular tube, or pilus, through which a copy of the plasmid can be transferred to other host cells of the same or related bacterial species. Such transfer can result in the rapid spread of drug-resistance plasmids, expanding the number of antibiotic-resistant bacteria in an environment such as a hospital. Coping with the spread of drug-resistance plasmids is an important challenge for modern medicine.

The plasmids most commonly used in recombinant DNA technology replicate in E. coli.Generally, these plasmids have been engineered to optimize their use as vectors in DNA cloning. For instance, to simplify working with plasmids, their length is reduced; many plasmid vectors are only 3kb in length, which is much shorter than in naturally occurring E. coli plasmids. (The circumference of plasmids usually is referred to as their length, even though plasmids are almost always circular DNA molecules.) Most plasmid vectors contain little more than the essential nucleotide sequences required for their use in DNA cloning: a replication origin, a drug-resistance gene, and a region in which exogenous DNA fragments can be inserted ().

Diagram of a simple cloning vector derived from a plasmid, a circular, double-stranded DNA molecule that can replicate within an E. coli cell. Plasmid vectors are 1.23 kb in length and contain a replication origin (more...)

The replication origin (ORI) is a specific DNA sequence of 50100 base pairs that must be present in a plasmid for it to replicate. Host-cell enzymes bind to ORI, initiating replication of the circular plasmid. Once DNA replication is initiated at ORI, it continues around the circular plasmid regardless of its nucleotide sequence (). Thus any DNA sequence inserted into such a plasmid is replicated along with the rest of the plasmid DNA; this property is the basis of molecular DNA cloning.

Plasmid DNA replication. The parental strands are shown in blue, and newly synthesized daughter strands are shown in red. The short segments represent the AT and GC base pairs connecting the complementary strands. Once DNA replication (more...)

In 1944, O. T. Avery, C. M. Macleod, and M. McCarty first demonstrated gene transfer with isolated DNA obtained from Streptococcus pneumoniae. This process involved the genetic alteration of a bacterial cell by the uptake of DNA isolated from a genetically different bacterium and its recombination with the host-cell genome. Their experiments provided the first evidence that DNA is the genetic material. Later studies showed that such genetic alteration of a recipient cell can result from the uptake of exogenous extrachromosomal DNA (e.g., plasmids) that does not integrate into the host-cell chromosome. The term transformation is used to denote the genetic alteration of a cell caused by the uptake and expression of foreign DNA regardless of the mechanism involved. (Note that transformation has a second meaning defined in Chapter 6, namely, the process by which normal cells with a finite life span in culture are converted into continuously growing cells similar to cancer cells.)

The phenomenon of transformation permits plasmid vectors to be introduced into and expressed by E. coli cells. In order to be useful in DNA cloning, however, a plasmid vector must contain a selectable gene, most commonly a drug-resistance gene encoding an enzyme that inactivates a specific antibiotic. As weve seen, the ampicillin-resistance gene (ampr) encodes -lactamase, which inactivates the antibiotic ampicillin. After plasmid vectors are incubated with E. coli, those cells that take up the plasmid can be easily selected from the larger number of cells that do not by growing them in an ampicillin-containing medium. The ability to select transformed cells is critical to DNA cloning by plasmid vector technology because the transformation of E. coli with isolated plasmid DNA is inefficient.

Normal E. coli cells cannot take up plasmid DNA from the medium. Exposure of cells to high concentrations of certain divalent cations, however, makes a small fraction of cells permeable to foreign DNA by a mechanism that is not understood. In a typical procedure, E. coli cells are treated with CaCl2 and mixed with plasmid vectors; commonly, only 1 cell in about 10,000 or more cells becomes competent to take up the foreign DNA. Each competent cell incorporates a single plasmid DNA molecule, which carries an antibiotic-resistance gene. When the treated cells are plated on a petri dish of nutrient agar containing the antibiotic, only the rare transformed cells containing the antibiotic-resistance gene on the plasmid vector will survive. All the plasmids in such a colony of selected transformed cells are descended from the single plasmid taken up by the cell that established the colony.

A DNA fragment of a few base pairs up to 20 kb can be inserted into a plasmid vector. When such a recombinant plasmid transforms an E. coli cell, all the antibiotic-resistant progeny cells that arise from the initial transformed cell will contain plasmids with the same inserted sequence of DNA (). The inserted DNA is replicated along with the rest of the plasmid DNA and segregates to daughter cells as the colony grows. In this way, the initial fragment of DNA is replicated in the colony of cells into a large number of identical copies. Since all the cells in a colony arise from a single transformed parental cell, they constitute a clone of cells. The initial fragment of DNA inserted into the parental plasmid is referred to as cloned DNA, since it can be isolated from the clone of cells.

General procedure for cloning a DNA fragment in a plasmid vector. Although not indicated by color, the plasmid contains a replication origin and ampicillin-resistance gene. Uptake of plasmids by E. coli cells is stimulated by high concentrations of CaCl (more...)

DNA cloning allows fragments of DNA with a particular nucleotide sequence to be isolated from a complex mixture of fragments with many different sequences. As a simple example, assume you have a solution containing four different types of DNA fragments, each with a unique sequence (). Each fragment type is individually inserted into a plasmid vector. The resulting mixture of recombinant plasmids is incubated with E. coli cells under conditions that facilitate transformation; the cells then are cultured on antibiotic selective plates. Since each colony that develops arose from a single cell that took up a single plasmid, all the cells in a colony harbor the identical type of plasmid characterized by the DNA fragment inserted into it. As a result, copies of the DNA fragments in the initial mixture are isolated from one another in the separate bacterial colonies. DNA cloning thus is a powerful, yet simple method for purifying a particular DNA fragment from a complex mixture of fragments and producing large numbers of the fragment of interest.

Isolation of DNA fragments from a mixture by cloning in a plasmid vector. Four distinct DNA fragments, depicted in different colors, are inserted into plasmid cloning vectors, yielding a mixture of recombinant plasmids each containing a single DNA fragment. (more...)

To clone specific DNA fragments in a plasmid vector, as just described, or in other vectors discussed in later sections, the fragments must be produced and then inserted into the vector DNA. As noted in the introduction, restriction enzymes and DNA ligases are utilized to produce such recombinant DNA molecules.

Restriction enzymes are bacterial enzymes that recognize specific 4- to 8-bp sequences, called restriction sites, and then cleave both DNA strands at this site. Since these enzymes cleave DNA within the molecule, they are also called restriction endonucleases to distinguish them from exonucleases, which digest nucleic acids from an end. Many restriction sites, like the EcoRI site shown in , are short inverted repeat sequences; that is, the restriction-site sequence is the same on each DNA strand when read in the 53 direction. Because the DNA isolated from an individual organism has a specific sequence, restriction enzymes cut the DNA into a reproducible set of fragments called restriction fragments ().

Restriction-recognition sites are short DNA sequences recognized and cleaved by various restriction endonucleases. (a) EcoRI, a restriction enzyme from E. coli, makes staggered cuts at the specific 6-bp inverted repeat sequence shown. This cleavage yields (more...)

Fragments produced by cleavage of the 36-kb DNA genome from adenovirus 2 (Ad2) by EcoRI and another restriction enzyme, HindIII from Haemophilus influenzae. Double-stranded DNA is represented by single black lines in this figure. Digestion of (more...)

The word restriction in the name of these enzymes refers to their function in the bacteria from which they are isolated: a restriction endonuclease destroys (restricts) incoming foreign DNA (e.g., bacteriophage DNA or DNA taken up during transformation) by cleaving it at all the restriction sites in the DNA. Another enzyme, called a modification enzyme, protects a bacteriums own DNA from cleavage by modifying it at or near each potential cleavage site. The modification enzyme adds a methyl group to one or two bases, usually within the restriction site. When a methyl group is present there, the restriction endonuclease is prevented from cutting the DNA (). Together with the restriction endonuclease, the methylating enzyme forms a restriction-modification system that protects the host DNA while it destroys foreign DNA. Restriction enzymes have been purified from several hundred different species of bacteria, allowing DNA molecules to be cut at a large number of different sequences corresponding to the recognition sites of these enzymes ().

Selected Restriction Endonucleases and Their Restriction-Site Sequences.

As illustrated in , EcoRI makes staggered cuts in the two DNA strands. Many other restriction enzymes make similar cuts, generating fragments that have a single-stranded tail at both ends. The tails on the fragments generated at a given restriction site are complementary to those on all other fragments generated by the same restriction enzyme. At room temperature, these single-stranded regions, often called sticky ends, can transiently base-pair with those on other DNA fragments generated with the same restriction enzyme, regardless of the source of the DNA. This base pairing of sticky ends permits DNA from widely differing species to be ligated, forming chimeric molecules.

During in vivo DNA replication, DNA ligase catalyzes formation of 35 phosphodiester bonds between the short fragments of the discontinuously synthesized DNA strand at a replication fork (see ). In recombinant DNA technology, purified DNA ligase is used to covalently join the ends of restriction fragments in vitro. This enzyme can catalyze the formation of a 35 phosphodiester bond between the 3-hydroxyl end of one restriction-fragment strand and the 5-phosphate end of another restriction-fragment strand during the time that the sticky ends are transiently base-paired (). When DNA ligase and ATP are added to a solution containing restriction fragments with sticky ends, the restriction fragments are covalently ligated together through the standard 35 phosphodiester bonds of DNA.

Ligation of restriction fragments with complementary sticky ends. In this example, EcoRI fragments from DNA I (left) are mixed with several different restriction fragments, including EcoRI fragments, produced from DNA II (right). The short DNA sequences (more...)

Some restriction enzymes, such as AluI and SmaI, cleave both DNA strands at the same point within the recognition site (see ). These restriction enzymes generate DNA restriction fragments with blunt (flush) ends in which all the nucleotides at the fragment ends are base-paired to nucleotides in the complementary strand. In addition to ligating complementary sticky ends, the DNA ligase from bacteriophage T4 can ligate any two blunt DNA ends. However, blunt-end ligation requires a higher DNA concentration than ligation of sticky ends.

Restriction enzymes to create fragments with sticky ends and DNA ligase to covalently link them allow foreign DNA to be inserted into plasmid vectors in vitro in a straightforward procedure. E. coli plasmid vectors can be constructed with a polylinker, a synthetic multiple-cloning-site sequence that contains one copy of several different restriction sites (). When such a vector is treated with a restriction enzyme that recognizes a recognition sequence in the polylinker, it is cut at that sequence, generating sticky ends. In the presence of DNA ligase, DNA fragments produced with the same restriction enzyme will be inserted into the plasmid (). The ratio of DNA fragments to be inserted to cut vectors and other reaction conditions are chosen to maximize the insertion of one restriction fragment per plasmid vector. The recombinant plasmids produced in in vitro ligation reactions then can be used to transform antibiotic-sensitive E. coli cells as shown in . All the cells in each antibiotic-resistant clone that remains after selection contain plasmids with the same inserted DNA fragment, but different clones carry different fragments.

Plasmid vectors containing a polylinker, or multiple-cloning-site sequence, commonly are used to produce recombinant plasmids carrying exogenous DNA fragments. (a) Sequence of a polylinker that includes one copy of the recognition site, indicated by brackets, (more...)

Advances in synthetic chemistry now permit the chemical synthesis of single-stranded DNA (ssDNA) molecules of any sequence up to about 100 nucleotides in length. Synthetic DNA has a number of applications in recombinant DNA technology. Complementary ssDNAs can be synthesized and hybridized to each other to form a dsDNA with sticky ends. Such completely synthetic dsDNAs can be cloned into plasmid vectors just as DNA restriction fragments prepared from living organisms are. For example, the 57-bp polylinker sequence shown in was chemically synthesized and then inserted into plasmid vectors to facilitate the cloning of fragments generated by different restriction enzymes. This example illustrates the use of synthetic DNAs to add convenient restriction sites where they otherwise do not occur. As described later in the chapter, synthetic DNAs are used in sequencing DNA and as probes to identify clones of interest. Synthetic DNAs also can be substituted for natural DNA sequences in cloned DNA to study the effects of specific mutations; this topic is examined in Chapter 8.

The technique for chemical synthesis of DNA oligonucleotides is outlined in . Note that chains grow in the 35 direction, opposite to the direction of DNA chain growth catalyzed by DNA polymerases. Once the chemistry for producing synthetic DNA was standardized, automated instruments were developed that allow researchers to program the synthesis of oligonucleotides of specific sequences up to about 100 nucleotides long.

Chemical synthesis of oligonucleotides by sequential addition of reactive nucleotide derivatives in the 35 direction. The first nucleotide (monomer 1) is bound to a glass support by its 3 hydroxyl; (more...)

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Evolution (2001) – Rotten Tomatoes

Posted: at 8:23 am

The spirit of the mega-hit Ghostbusters (1984) is intentionally recalled with this effects-heavy sci-fi comedy from the same director, Ivan Reitman, co-starring Dan Aykroyd and debuting on the 17th anniversary of the earlier film's release. When a meteor bearing single-celled organisms crashes to the Earth, the life forms are initially confined to a cave. Before long the creatures are evolving at an exponentially rapid rate, resulting in fearsome aliens running amok and possibly spelling mankind's doom, or at least the end of man's domination over life on Earth. Investigating the phenomenon is a community college professor, Ira Kane (David Duchovny), his geologist friend Harry Block (Orlando Jones), wannabe fireman Wayne Green (Seann William Scott), and government scientist Allison Reed (Julianne Moore). Evolution also stars Ted Levine, Ethan Suplee, and Katharine Towne.

Rating:

PG-13 (for crude and sexual humor, and for sci-fi action)

Genre:

Comedy , Science Fiction & Fantasy

Directed By:

Written By:

In Theaters:

Jun 8, 2001 wide

On DVD:

Dec 26, 2001

Box Office:

$37,571,347.00

Runtime:

102 minutes

Studio:

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Hedonistic Theories – Philosophy Home Page

Posted: at 8:14 am

Abstract: The refinement of hedonism as an ethical theory involves several surprising and important distinctions. Several counter-examples to hedonism are discussed.

I. Hedonistic theories are one possible answer to the question of "What is intrinsic goodness?"

Similar theories might involve enjoyment, satisfaction, happiness, as concepts substituted for pleasure. A major problem of hedonism is getting clear as of what pleasure and pain consist. Are pleasures events, properties, states, or some other kind of entity?

II. The hedonistic position can be substantially refined.

Some persons have mistakenly taken this distinction to mean that "Therefore, you can't generalize about what actions should be done because they would differ for different people; hence, ethics is relative."

Think about how this statement is logically related to C.L. Kleinke's observation in his book Self-Perception that "What distinguishes emotions such as anger, fear, love, elation, anxiety, and disgust is not what is going on inside the body but rather what is happening in the outside environment." (C.L. Kleinke, Self-Perception (San Francisco: W.H. Freeman, 1978), 2.)

III. The hedonist doesn't seek pleasure constantlya constant indulgence of appetites makes people miserable in the long run.

When hungry, seek food; when poor, seek money; when restless, seek physical activity. We don't seek pleasure in these situations. As John Stuart Mill stated, "Those only are happy who have their minds fixed on some object other than their own happiness Aiming thus at something else, they find happiness along the way."

IV. John Hospers proposes three counter-examples to hedonism.

Recommended Sources

Hedonism:A discussion of hedonism from the Stanford Encyclopedia with some emphasis relating to egoism and utilitarianism by Andrew Moore.

Hedonism: An outline of some basic concepts hedonistic philosophy with brief mention of Epicurus, Bentham, Mill, and Freud from the Wikipedia.

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Hubble telescope captures jaw-dropping beauty of nearby …

Posted: at 8:13 am

A spectacular new image captured by the Hubble Space Telescope shows bright-blue wisps of glowing gas and hot, sparkling, young stars within a satellite dwarf galaxy known as the Large Magellanic Cloud (LMC).

The LMC is one of the smaller satellite galaxies that orbit the Milky Way, and it's among a collection of galaxies known as the local group. It is one of the closest galaxies to Earth, at about 163,000 light-years away.

This dazzling new Hubble image peers into a stellar nursery known as N159, which measures more than 150 light-years across and houses many hot, newborn stars. [Hubble in Pictures: Astronomers' Top Picks (Photos)]

"These stars are emitting intense ultraviolet light, which causes nearby hydrogen gas to glow, and torrential stellar winds, which are carving out ridges, arcs and filaments from the surrounding material," Hubble researchers said in a statement when debuting the photo.

Within this stellar nursery lies a butterfly-shaped cosmic cloud known as the Papillon Nebula. The region consists of vast amounts of dense gas that give way to the birth of new stars.

N159 is located south of the Tarantula Nebula, which is designated heic1402 another region known for massive star birth within the LMC. The Tarantula Nebula is located 170,000 light-years from Earth and is believed to house hundreds of thousands of stars. Inside the Tarantula Nebula lies an incredibly bright region known as 30 Doradus, which is considered a hotspot for star formation, according to the statement, released jointly by NASA and the European Space Agency.

This beautiful new image, one of many taken by the Hubble telescope, was captured using Hubble's Advanced Camera for Surveys.

Original article on Space.com.

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New photo from Hubble telescope captures beauty of nearby …

Posted: at 8:13 am

This breathtaking new image from the Hubble Space Telescope captures electric-blue wisps of gas and bright stars in the early stages of birth.

ESA/Hubble & NASA

A spectacular new image captured by the Hubble Space Telescope shows bright-blue wisps of glowing gas and hot, sparkling, young stars within a satellite dwarf galaxy known as the Large Magellanic Cloud (LMC).

The LMC is one of the smallersatellite galaxies that orbit the Milky Way, and its among a collection of galaxies known as the local group. It is one of the closest galaxies to Earth, at about 163,000 light-years away.

5 Photos

Astronomers revisit iconic nebula for a different look from 20 years ago

This dazzling new Hubble image peers into a stellar nursery known as N159, which measures more than 150 light-years across and houses many hot, newborn stars. [Hubble in Pictures: Astronomers Top Picks (Photos)]

These stars are emitting intense ultraviolet light, which causes nearby hydrogen gas to glow, and torrential stellar winds, which are carving out ridges, arcs and filaments from the surrounding material, Hubble researcherssaid in a statementwhen debuting the photo.

Within this stellar nursery lies a butterfly-shaped cosmic cloud known as the Papillon Nebula. The region consists of vast amounts of dense gas that give way to the birth of new stars.

N159 is located south of the Tarantula Nebula, which is designated heic1402 another region known for massive star birth within the LMC. The Tarantula Nebula is located 170,000 light-years from Earth and is believed tohouse hundreds of thousands of stars. Inside the Tarantula Nebula lies an incredibly bright region known as 30 Doradus, which is considered a hotspot for star formation, according to the statement, released jointly by NASA and the European Space Agency.

This beautiful new image, one of many taken by the Hubble telescope, was captured using Hubbles Advanced Camera for Surveys.

Follow Samantha Mathewson@Sam_Ashley13. Follow us@Spacedotcom,FacebookandGoogle+. Original article onSpace.com.

Space.com. All rights reserved.

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Congressional report slams NSA leaker Edward Snowden

Posted: at 8:12 am

WASHINGTON A House intelligence committee report issued Thursday condemned Edward Snowden, saying the National Security Agency leaker is not a whistleblower and that the vast majority of the documents he stole were defense secrets that had nothing to do with privacy.

The Republican-led committee released a three-page unclassified summary of its two-year bipartisan examination of howSnowdenwas able to remove more than 1.5 million classified documents from secure NSA networks, what the documents contained and the damage their removal caused to U.S. national security.

Snowdenwas an NSA contract employee when he took the documents and leaked them to journalists who revealed massive domestic surveillance programs begun in the aftermath of the 9/11 attacks. The programs collected the telephone metadata records of millions of Americans and examined emails from overseas.Snowdenfled to Hong Kong, then Russia, to avoid prosecution and now wants a presidential pardon as a whistleblower.

Rep. Devin Nunes, R-Calif., chairman of the committee, saidSnowdenbetrayed his colleagues and his country.

"He put our service members and the American people at risk after perceived slights by his superiors," Nunes said in a statement. "In light of his long list of exaggerations and outright fabrications detailed in this report, no one should take him at his word. I look forward to his eventual return to the United States, where he will face justice for his damaging crimes."

Snowdeninsists he has not shared the full cache of 1.5 million classified documents with anyone. However, the report notes that in June, the deputy chairman of the Russian parliament's defense and security committee publicly conceded that "Snowdendid share intelligence" with his government.

Ben Wizner,Snowden'sattorney at the American Civil Liberties Union, blasted the report, saying it was an attempt to discredit a "genuine American hero."

"After years of investigation, the committee still can't point to any remotely credible evidence that Snowden'sdisclosures caused harm," Wizner said. "In a more candid moment, the NSA's former deputy director, who was directly involved in the government's investigation, explicitly said he didn't believe Snowdenhad cooperated with either China or Russia."

Snowden'srevelations about the agency's bulk collection of millions of Americans' phone records set off a fierce debate that pit civil libertarians concerned about privacy against more hawkish lawmakers fearful about losing tools to combat terrorism. Democrats and libertarian-leaning Republicans pushed through a reauthorization of the USA Patriot Act last year that ended the program.

There was little evidence that the phone records or other surveillance programsSnowdenrevealed ever thwarted an attack.

Snowdenis seeking a presidential pardon because he says he helped his country by revealing secret domestic surveillance programs. Separately, all members of the committee sent a bipartisan letter to President Barack Obama urging him not to pardonSnowden.

"The vast majority of what he took has nothing to do with American privacy," said Rep. Adam Schiff of California, the ranking Democrat on the House intelligence committee.

"The majority of what he took has to do with military secrets and defense secrets," Schiff said in an interview Thursday for C-SPAN's "Newsmakers." ''I think that's very much at odds with the narrative that he wants to tell that he is a whistleblower."

The Obama administration has urgedSnowdento return to the U.S. and face trial. Justice Department spokesman Marc Raimondi has said "there is no question his actions have inflicted serious harms on our national security."

The committee report says that he was a "disgruntled employee who had frequent conflicts with his managers."

Publicly revealing classified information does not qualify someone as a whistleblower, the report said. The committee "found no evidence thatSnowdentook any official effort to express concerns about U.S. intelligence activities to any oversight officials within the U.S. government, despite numerous avenues for him to do so."

According to the committee,Snowdenbegan mass downloads of classified material two weeks after he was reprimanded for engaging in a spat with NSA managers. The committee also describedSnowdenas a "serial exaggerator and fabricator."

"A close review ofSnowden'sofficial employment records and submissions reveals a pattern of intentional lying," the report said. "He claimed to have left Army basic training because of broken legs when in fact he washed out because of shin splints. He claimed to have obtained a high school degree equivalent when in fact he never did. "

The report saidSnowdenclaimed to have worked for the CIA as a senior adviser, when he was a computer technician.

"He also doctored his performance evaluations and obtained new positions at NSA by exaggerating his resume and stealing the answers to an employment test," the report said.

Speaking by video link from Moscow,Snowdensaid Wednesday that whistleblowing "is democracy's safeguard of last resort, the one on which we rely when all other checks and balances have failed and the public has no idea what's going on behind closed doors."

The 33-year-old addressed a New York City news conference where advocates from the American Civil Liberties Union, Human Rights Watch and Amnesty International announced an online petition drive to urge Obama to pardonSnowdenbefore he leaves office. The supporters calledSnowdena hero for exposing the extent of government surveillance by giving thousands of classified documents to journalists.

The report was released one day ahead of Friday's opening of director Oliver Stone's film "Snowden."

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Should privacy legislation influence how courts interpret the …

Posted: at 8:12 am

I recently posted a revised draft of my forthcoming article, The Effect of Legislation on Fourth Amendment Interpretation, and I thought I would blog a bit about it. The article considers a recurring question in Fourth Amendment law: When courts are called on to interpret the Fourth Amendment, and there is privacy legislation on the books that relates to the governments conduct, should the existence of legislation have any effect on how the Fourth Amendment is interpreted? And if it should have an effect, what effect should it have?

I was led to this question by reading a lot of cases in which the issue came up and was answered in very different ways by particularly prominent judges. When I assembled all the cases, I found that judges had articulated three different answers. None of the judges seemed aware that the question had come up in other cases and had been answered differently there. Each of the three answers seemed plausible, and each tapped into important traditions in constitutional interpretation. So you have a pretty interesting situation: Really smart judges were running into the same question and answering it in very different ways, each rooted in substantial traditions, with no one approach predominating and no conversation about which approach was best. It seemed like a fun issue to explore in an article.

In this post Ill summarize the three approaches courts have taken. I call the approaches influence, displacement and independence. For each approach, Ill give one illustrative case. But theres a lot more where that came from: For more details on the three approaches and the cases supporting them, please read the draft article.

1. Influence. In the influence cases, legislation is considered a possible standard for judicial adoption under the Fourth Amendment. The influence cases rest on a pragmatic judgment: If courts must make difficult judgment calls about how to balance privacy and security, and legislatures have done so already in enacting legislation, courts can draw lessons from the thoughtful judgment of a co-equal branch. Investigative legislation provides an important standard for courts to consider in interpreting the Fourth Amendment. Its not binding on courts, but its a relevant consideration.

The Supreme Courts decision in United States v. Watsonis an example of the influence approach. Watson considered whether it is constitutionally reasonable for a postal inspector to make a public arrest for a felony offense based on probable cause but without a warrant. A federal statute expressly authorized such warrantless arrests. The court ruled that the arrests were constitutional without a warrant and that the statute was constitutional. Justice Whites majority opinion relied heavily on deference to Congresss legislative judgment. According to Justice White, the statute authorizing the arrests represents a judgment by Congress that it is not unreasonable under the Fourth Amendment for postal inspectors to arrest without a warrant provided they have probable cause to do so. That judgment was entitled to presumptive deference as the considered judgment of a co-equal branch. Because there is a strong presumption of constitutionality due to an Act of Congress, the court stated, especially when it turns on what is reasonable, then obviously the Court should be reluctant to decide that a search thus authorized by Congress was unreasonable and that the Act was therefore unconstitutional.

2. Displacement. In the displacement cases, the existence of legislation counsels against Fourth Amendment protection that might interrupt the statutory scheme. Because legislatures can often do a better job at balancing privacy and security in new technologies as compared to courts, courts should reject Fourth Amendment protection as long as legislatures are protecting privacy adequately to avoid interfering with the careful work of the legislative branch. The existence of investigative legislation effectively preempts the field and displaces Fourth Amendment protection that may otherwise exist.

Justice Alitos concurrence in Riley v. Californiais an example of the displacement approach. Riley held that the government must obtain a search warrant before searching a cellphone incident to a suspects lawful arrest. Justice Alito concurred, agreeing with the majority only in the absence of adequate legislation regulating cellphone searches. I would reconsider the question presented here, he wrote, if either Congress or state legislatures, after assessing the legitimate needs of law enforcement and the privacy interests of cell phone owners, enact legislation that draws reasonable distinctions based on categories of information or perhaps other variables.

The enactment of investigative legislation should discourage judicial intervention, Justice Alito reasoned, because [l]egislatures, elected by the people, are in a better position than we are to assess and respond to the changes that have already occurred and those that almost certainly will take place in the future. Although Fourth Amendment protection was necessary in the absence of legislation, the enactment of legislation might be reason to withdraw Fourth Amendment protection to avoid the very unfortunate result of federal courts using the blunt instrument of the Fourth Amendment to try to protect privacy in emerging technologies.

3. Independence. In the independence cases, courts treat legislation as irrelevant to the Fourth Amendment. Legislatures are free to supplement privacy protections by enacting statutes, of course. But from the independence perspective, legislation sheds no light on what the Fourth Amendment requires. Courts must independently interpret the Fourth Amendment, and what legislatures have done has no relevance.

An example of independence is Virginia v. Moore, where the Supreme Court decided whether the search incident to a lawful arrest exception incorporates the state law of arrest. Moore was arrested despite a state law saying his crime could not lead to arrest; the question was whether the state law violation rendered the arrest unconstitutional. According to the court, whether state law made the arrest lawful was irrelevant to the Fourth Amendment. It was the courts duty to interpret the Fourth Amendment, and what the legislature decided about when arrests could be made was a separate question. History suggested that the Fourth Amendment did not incorporate statutes. And the states decision of when to make arrests was not based on the Fourth Amendment and was based on other considerations, such as the costs of arrests and whether the legislature valued privacy more than the Fourth Amendment required. Constitutionalizing the state standard would only frustrate the states efforts to achieve those goals, as it would mean los[ing] control of the regulatory scheme and might lead the state to abandon restrictions on arrest altogether. For that reason, the statute regulating the police was independent of the Fourth Amendment standard.

Those are the three approaches. The next question is, which is best? Ill offer some thoughts on that in my next post.

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