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Daily Archives: July 31, 2022
The Real Story Behind That Viral Clip of a Protein With a Confident Strut – Futurism
Posted: July 31, 2022 at 9:04 pm
Every once in a while, a specific clip goes viral showing a fleshy pink strand that appears to be dragging a larger, spherical object that looks a bit like a foam dodgeball.
Though the fascinating footage seldom fails to draw attention, it's often miscontextualized in a way that gets slapped down by actual experts. So let's dive in what's really going on here?
As it's usually labeled, the scene depicts a microscopic slice of life. But the most fascinating part of the video is that the strand appears to be walking. Trudging its fluffy, Big Bird-esque feet one after the other, the molecule performs what can only be described as a confident little strut, Gisele-stompingits way down some kind of dare we say? biological runway.
To be fair, the clip which took off on Twitter once again this week, complete with the bafflingly almost-coherent caption "This is how Protein Moving in Microscope" is very intriguing. Fun colors! Big feet! Truffula Tree vibes! And seriously, look at him go. That's a WALK.
But like so many things we see online, there are a lot of missing details not to mention outright inaccuracy at play here.
The actual animation dates back to 2006, when it was published by a pair of Harvard University researchers working with an artist and animator named John Liebler.Together, the trio took several years to produce a dramatized 3D modeling of internal cellular function titled "The Inner Life of the Cell."
So right off the bat, it turns out that this is emphaticallynot"how protein moving in microscope." Though it depicts a genuine biological process, the footage is computer generated.
It is true that the strand represents a protein, though that limited context is too vague to tell the whole story.
In reality, there are many different proteins, three of which kinesins, myosins, and dyneins are considered "motor" proteins.
As their name suggests, these high-energy bad boys, powered by ATP that is, the main energy molecule that essentially powers all known life are responsible for making sure that materials needed for building cellular infrastructure get to where they need to go, and are also the source of most muscle contraction.
In other words, motor proteins are in charge of moving stuff. And to do so, they themselves need ways to get from place to place.
The loofah-footed protein in the viral clip was animated to show how kinesins are thought to move. And yes, they really are believed to "walk" along molecular rails called microtubles.
Different motor proteins are understood to move differently myosins carry out a type of scooting motion, while dyneins have been shown to swing from tiny cellular monkey bars with grappling hook-like arms.
As for what the kinesin in the video might be dragging?
The ambulatory little guys are believed to carry a number of necessary materials, including but not limited to vesicles AKA, tiny lil' sacks that the body creates to transport things like enzymes, hormones, neurotransmitters and proteins and organelles, which are in essence tiny organs that perform a number of necessary functions inside individual cells.
But the way that the kinesin is moving its freight is actually an area where this video is now outdated. Scientists no longer think that kinesins pull or drag their cargo, as is seen in the viral clip.
Rather, these jacked little messengers are believed to carry their assigned freight overhead while they strut down molecular pathways. Arm day everyday.
Fascinatingly, scientists have still barely scratched the surface of what's possible with more motor protein research. Perhaps most excitingly, it's believed that because these molecules play an important role in cell division, figuring out how to selectively annihilate or otherwise manipulate cancerous motor proteins may one day be usedas the mechanism behind promising future treatments.
There's no denying that the clip is an awe-inspiring reminder of the vast and complex world inside every living thing, including ourselves.
But please don't believe everything you read online.
More on cool cell tings: Doctors Gene-edit Patient's Liver to Make Less Cholesterol
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An Evil Force Is Sucking the Life Out of California: Lawns – Futurism
Posted: at 9:04 pm
"I have tears in my eyes, because I love the grass and they like playing in it."Greener Pastures
It's hard to imagine somebody crying over the loss of a grass lawn when there are so many other things going on in the world, but that's exactly what the Wall Street Journal said happened this week.
In the Western US, some homeowners have gotten rid of their grass lawns as the worst drought in 1,200 years rages on. But some are clinging to the hope that their thick, green lawn will be able to pull through. In California, the WSJreported that record low rainfalls mean efforts to save water are more important than ever but that doesn't mean every resident is on board.
"My kids are asking me, what is going wrong with this grass?" one Calabasas resident told the WSJ. "I have tears in my eyes, because I love the grass and they like playing in it."
It's difficult to feel sympathy for a family in a wealthy suburb complaining about a brown lawn when there are so many other alternatives and when it's bad enough that water districts and cities in the region are struggling to maintain critical infrastructure.
This year, Lake Mead hit its lowest water level on record. The lake is the largest water reservoir in the US in terms of capacity and is located in both Arizona and Nevada.
The WSJreported that in 2021, the Nevada legislature passed a law requiring most property owners except single-family homes to remove their grass by 2026, and other municipalities have deployed "water cops" to make sure people are obeying local water cutback measures.
There's no denying the truth: lawns suck up lots of water. In California and parts of the Western US, there's not enough for everyone to maintain outdated monoculture lawns.
That's a good thing, because lawns aren't great for the environment even when there's no drought.
The folks who don't seem to know it, however, are the ones who care more about appearances than whether their neighbor will have enough drinking water in the years to come.
More on heat waves: Tech Reviewer Says Heatwave Causing Samsung Batteries to Burst Out of Phones
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Bill Gates Invests in Exciting Air Conditioning Startup – Futurism
Posted: at 9:04 pm
It emits 85% less GHG.Cool Move
Bill Gates, billionaire and cofounder of Microsoft, has thrown some weight behind an air conditioning startup hoping to be much more environmentally friendly than the competition.
CNBC reported this week that Gates' cleantech investment fund Breakthrough Energy Ventures is leading Blue Frontier's current $20 million investment round.
It's a fitting move for Gates, who hopes to slow climate change partly through a focus on reducing the "green premium,"which Breakthrough defines as "the additional cost of choosing a clean technology over one that emits a greater amount of greenhouse gases."
Sinking money into Blue Frontier could help reduce both its costs and its prices.
In March, the Department of Energys National Renewable Energy Laboratory and Xeroxs Palo Alto Research Center released a study that found that 531 million tons of carbon dioxide are released each year by AC units cooling the air, and that 599 million tons are emitted while removing humidity from it.
Blue Frontier's units combine dew-point-style cooling with liquid desiccant dehumidification, which they claim creates a 60 percent reduction in annual energy use and an 85 percent reduction in greenhouse gas emissions. Those are good stats considering power grids around the US are already struggling to keep up with energy demand as consumers battle soaring temperatures.
Summer peak demand is not just a problem because it causes brown-outs," CEO Daniel Betts told CNBC. "It increases the cost of electricity, and produces more greenhouse gas emissions."
Let's hope Gates' investment pays off and that Blue Frontier delivers on their eco-friendly promise when their units hit the market, which CNBC says should be in 2026 or 2027.
More on resource allocation: Paleontologists Furious As Dinosaur Skeleton Sells at Auction
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Jeffrey Gibson: Art in the Intersection – Chronogram
Posted: at 9:04 pm
Jeffrey Gibson (b. 1972) is a multimedia artist based in Hudson. Gibsons dynamic art practice explores a diverse cross-section of influences, including Native American indigenous craft traditions, cultural narratives, symbols of power, history, personal identity, and contemporary social issues relevant to BIPOC and queer communities.
His singular creative style embraces a range of mediums for expression, such as textiles, embroidery, weaving, hand-sewn fringe, beadwork, and other materials that are the basis for his vibrant assemblage-based paintings, sculptures, garments, and large-scale installations. Gibsons work often recontextualizes and thus reconsiders traditional Native American craft within a contemporary cultural framework, resulting in a body of work that is both conscious and celebratory. He regularly exhibits his art at major institutions worldwide and his work is represented in numerous museum and private collections. I spoke with Gibson over Zoom earlier this year. This is an edited version of that conversation.
Taliesin Thomas
Taliesin Thomas: Please share any comments about your Native American roots and the Hudson Valley as your home and place of artistic creation. What brought you to the Hudson Valley?
Jeffrey Gibson: Well, you know, my ancestry is not from this area originally. My families are located in Mississippi and Oklahoma. My mother is Cherokee and my father is Mississippi Band of Choctaw Indians and so I have grown up being aware of both of those, but I am a member of the Mississippi Band of Choctaw Indians.
I originally came to Columbia County in 2007 for a residency at Art Omi. We moved up here in the summer [of 2012]. And then the studio started growing and then I bought this building that I am in now, which is a turn-of-the-century schoolhouse in Claverack.
At that time of my life I was 40, so the goal was to put down some roots and do a little life editing and to secure the things that we knew we wanted to do: my art career, [my husband] Runeys art practice, and a family.
TT: Your celebration of indigenous Native American culture through your art articulates a vibrant spectrum. How is that spectrum changing?
JG:I think my shift of considering a Native American indigenous contemporary art and culture audience is something that I know is always in the forefront of my brain now and I can feel where its been developing. I think when you are Native, you are kind of held accountable by your family, by your community, by other people, whether they are part of your tribal nation or not.
No one is speaking to indigenous audiences from that contemporary art world, and so that to me became something that I was interested in. Maybe even not as a curiosity, just sort of What does that mean to speak to other indigenous artists? So, I have to assume that to some degree we are people who, regardless of what our relationship is to our communitymeaning how traditional or not traditionalwe have all chosen to make art and put it out into the global world.
Thats increased the spectrum a lot [and] rather than extending my own self, I find the people who I am inspired by and I ask then to come together and for me to be able to do the best of what I do, and set it up as a platform for them to do the best that they can do.
TT: You have said that you almost gave up doing your art. Please share any thoughts about this soul-searching as an artist.
JG:That really goes back, really from the period we moved to New York. Runey and I moved together from London in 1999.
I was exhibiting, and I think for me commercial success has really been important because it was sort of a barrier to break. I was pretty determined to also be a part of that part of the art world and not just remain in nonprofit spaces that were speaking to larger issues. I have been trying to juggle a lot of that all of these years.
I guess it was somewhere around 2008, thats sort of the point for me. A couple of times, I thought about just walking away from it. I think I also expected, growing up, that the art world was a meritocracy. I thought that it was totally inclusive, I thought it was completely queer friendly. So, to get there and run into kind of heteronormative, kind of machismo, and class issues, and race issues, was really disheartening. I couldnt find the reason big enough to want to put up with it.
And, at the same time, I am having these conversations with academics, scholars focused on indigenous making, historical indigenous making. That conversation, to me, is so important and so largeso to come into the art world, where no one was aware of it, just feels like you are walking off a cliff.
It was deciding: Am I worried about it being stereotypical, me identifying as Native American. Am I pigeonholing myself? is the question that came up numerous times.
I had to turn all those voices off long enough to make the work to see, what does this feel like to do this, to learn bead work? I had learned some beadwork in my teens and 20s, but actually applying it in any kind of substantial way did not happen until around 2008 to 2011.
That was the first time I felt the city that I always wanted to be an artist in, New York City, finally noticed me and paid attention. That was the big shift.
TT: Your art is powerful, empowered, and empowering all at once, it does all of that. How do you define power in art?
JG:Oh, thats a big question. Power in art: I think there are lots of different kinds of power, right?
And so, I think the garments that I make, the power that comes from themI think when somebody puts them on, which is a huge part of them, somebody has to put them on, whether its me or somebody elsethose individuals that I put in the garments, their personal narratives become intertwined by my personal narrative and it leaves an archive that is powerful, that is present tense, that will describe me, of course, but also what was happening in the spaces that I moved through.
I think there are other kinds of power, of course, but I think that for me there is a genuine belief in the animation of materials and of putting together a space.
TT: Your exhibitions are a collaboration of ritual objects, costumes, paintings, installation, dance, music, and performances. How does this come together for you?
JG:I remember the days when I was doing everything, right?
In order to make enough to do a show, to fill a museum space, thats where the team happened. I think so many of the artisans I have spoken with and people who are really invested in craft, it is therapeutic. That kind of repetitiveness, I think it does heal you. It occupies a certain place and also has the ability to heal you. And I feel like all of the beading that I have done, all the sewing that I have done, it did.
This is not something we do in our lives. We are the most minuscule parts of a bazillion transactions that happen every day, and I think it leaves us feeling fragmented. It echoes every symptom of schizophrenia. Craft and the kind of long process of making something is for me very healing, and now that process includes other people, it includes communication, it includes experimentation. My moment of realization, at this point, really happens when I see the work installed and I see how people engage with it, thats when I get the rush.
TT: The idea of Futurism seems to be an expanding idea in the art world. Do you have any ideas about Futurism with respect to your work?
JG: I started talking about Futurism a long time ago. I think I started talking about it, about the need to be present. We cant begin to think about a future unless we can feel really grounded in the present tense, so that is where a lot of my thinking about materials and the kind of extraordinary-ness that you can do in quite simple ways, you know, in colorthese sorts of things, things that can bring you back to being in one place.
Then, to look at a future is actually quite scary because if you have clarity in the present, you see these seemingly insurmountable kinds of challenges ahead of us, mainly ecological. People who know me, I talk a lot about fear and anger. Of course, people are afraid, and of course they are angry. But we cant solve these problems from fear and anger.
There is a power in positivity, there is a power in love, there is a power in not being afraid, there is a power in releasing anger. You are actually more powerful when you can release these things rather than holding on to them.
TT: What advice do you have for this younger generation of artists rising up and grappling with all these same issues?
JG: I worked with a professor at the School of the Art Institute of Chicago named Maureen Sherlock, [and] the takeaway that I got from her that I still hold on to is: Your opportunity to have freedom exists between well mapped marked spaces. Its before things form, and the boundaries are set, and the rules are set, and the perceptions are set, that things start getting a little more tight and narrow and stifling. If you can find a space in between, you can define it, you can be whatever you want to be.
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What The Jetsons predicted right and wrong about the future – New York Post
Posted: at 9:04 pm
Get ready to meet George Jetson because hes about to be born.
The button-pushing, flying-car-riding, iconic future man entered the galaxy on July 31, 2022, according to The Jetsons canon. While George is having his first birthday, the show itself is about to celebrate its 60th: it debuted on Sept. 23, 1962, a century before its set.
That means were supposed to be only 40 years away from the Jetsons world of Rosie the Robot, toothbrushing machines and apartment buildings high above the clouds.
So why are we still stuck on the ground waiting for our jetpacks? And why, all these years later, do we still hold a slightly corny, old-school animated sitcom up as a beacon of what could be?
We still speak about the future in Jetsons terms, said Jared Bahir Browsh, author of the 2021 book Hanna-Barbera: A History. A show that originally ran for one season had such an impact on the way we see our culture and our lives. (The Jetsons actually came out in two chunks: its original 60s run was only 24 episodes, and then a reboot in 1985 gave it another 50.)
Read on to see what The Jetsons got right about the future and what it got hilariously wrong.
Despite its sci-fi setting, the show was a typical 60s patriarchal sitcom, showing how George, his wife Jane, teenage daughter Judy and young son Elroy have their needs endlessly met by automated gadgets and ubiquitous treadmills, yet still squabble over typical work and family drama.
And yet, The Jetsons stands as the single most important piece of 20th century futurism, according toSmithsonian magazine.
One of the things that separates The Jetsons so clearly from other sci-fi, according to Danny Graydon, author of The Jetsons: The Official Guide to the Cartoon Classic, is that its neither dystopian nor utopian definitely not Mad Max but not the peaceful Federation of Star Trek either.
It was trying to have this forward-thinking view of where we might be a century on from when the show first aired, Graydon said.
To 1960s audiences, the Jetsons videophone a big piece of hardware whose staticky screen gives way to an image of the person trying to reach you seemed like a dream.
By 2022, we outdid that tech without even realizing it and were already sick of it. Skype came along in the early 2000s, and FaceTime followed in 2010. Thanks to the pandemic, we all have video chat trauma, even if the name Zoom does sound kinda Jetsons-y.
Its pretty amazing how accurate it was, especially in the Zoom age, Browsh said. Were starting to, more and more, live that life.
While sassy robot maids like Rosie arent hitting the market any time soon, weve had cleaning help in the form of Roombas which are actually based on landmine technology and other robotic vacuums for ages now.
We also have Jetsons flat screen TVs, cameras that can look inside your body and drones that dot the sky. In 2062, Elroy Jetson and friends watch Flintstones reruns in the back of class on a watch TV something you can now do on an Apple Watch, which came out in 2015. While the wrist-wear devices cant also make video calls like in the show, add-on accessories can accomplish the feat, and Apple is expected to add a camera to the watches very soon.
Graydon said he recently tried a workout app on his Apple Watch and it reminded him of an episode where George just watches a workout program, without actually participating.
Technology literally takes away the urge to do anything properly, he said.
Matriarch Judy Jetson had a household machine that delivered breakfast at the push of a button. That technology technically has existed since 2006 in the form of 3-D food printers, but its limited to exhibitions, labs and experimental uses. One startup, for instance, is using 3-D printers to makemeaty steaks out of plant ingredients.
While the world waits for such gadgets to become widely available, you can get a June Smart Oven, which costs round $1,000, operates over Wi-Fi and can sense what foods youre cooking. Smart fridges, meanwhile, will let you see the contents of your fridge from your phone, but you still have to cook them yourself.
And thats just the kitchen.
The Jetsons promised us a morning routine filled with automated hygiene machines that comb your hair and brush your teeth at the same time. Instead, we have some electric toothbrushes that are advertised on podcasts and still use AA batteries.
Skincare is a little more advanced we do havemasksthat shoot LED light at your face and home lasers that resurface your skin. The Jetsons definitely underestimated how much everyone would be concerned with aging in 2022.
When it comes to transportation, experimental military jetpacks also technically exist in a clunky form, but you cant use one. And self-driving cars might hit the market before 2062 if they can ever stopkilling people on the streets.
Many fans including Browsh and Graydon cite flying cars as the Jetsons invention they most long for. But theyre also realistic about the challenges.
[A flying car] also looks like a lot of fun, Browsh said, until that first accident occurs.
Capitalism still exists in the future, though George Jetson only works a three-hour, three-day workweek, pushing a button at the sprockets factory. The depiction of a work day is where reality most diverges from the world of The Jetsons, Browsh said, at least in America, which still lags way behind European countries in working hours, work-life balance and paid family leave.
In this era, I think many of us are working more than ever, he said. This idea that automation was not only going to make our lives easier has led to panic that its going to replace work.
Well never have a new show quite like The Jetsons, Graydon said, because well never be that naive about the future again.
Its more challenging to create really startling views of the future, he said. Technology is moving so fast, its actually very challenging to achieve the wow factor.
By 2022, our optimism for the future has also given way to a clear-eyed view of the roadblocks: endless energy demands, supply chains, climate change, socio-economic gaps, governmental gridlock and chimerical tech billionaires with their hands on all the buttons. Our science fiction has become decidedly glum. Apple TVs Severance envisions a world where the workday technically never ends, while Westworld is full of murderous robots.
Now, savvy audiences would demand to know what the world looks like beyond the Jetsons space-age home.
What about the people on the ground? Browsh wondered. Are they still living there?
The show heavily implies the Earth was wrecked by smog, pollution and extreme weather, which makes for a bleak reality where humanity decided to live above their problems rather than make lifestyle changes to fix them.
When you think about it, all of the shows tech advances suggest a lazier future, a possible precursor to the world of Pixars WALL-E, where clueless humans live sedentary lives, oppressed by scheming robots. In The Jetsons, moving walkways and automated chairs are everywhere; sky-based buildings make walking impossible anyway.
In the cartoon, everything is amazing, and yet no one is happy but thats how the creators planned it.
It speaks to this idea that as human beings well always have something to complain about, Graydon said. One of the problems with utopia, if you create a perfect world, that world might be quite boring.
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Charles Milliken: Defining what exactly is a ‘right’ – Monroe Evening News
Posted: at 9:03 pm
Charles W. Milliken| The Daily Telegram
Now that Roe has been overturned, once again the right to privacy has come to public attention.These two words open up a whole can of worms that the Supreme Court has wrestled with and come down on all sides of the issue.
Back in 1965, the Supreme Court ruled a Connecticut law banning contraception was constitutionally invalid(Griswold v. Connecticut). Justice Hugo Black wrote in that decision, Privacy is a broad, abstract and ambiguous concept.
The court, in this instance, ruled that privacy involving intimate relationships negated the power of the state to intercede or regulate. From the acorn of that ruling grew the mighty oak of the right of a pregnant woman to terminate her pregnancy. Afterwards came rulings leading up to the right to gay marriage, among other rulings dealing with aspects of sexual morality.
There appears to me to be two large questions in thosewords. What is a right? And what is privacy? Today Ill focus on rights,and next week on privacy.
In the Declaration of Independence, the signers opined that we …are endowed by (our) Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. They stated that rights came from God, not from man. How could there be anything called a right that did not come from God? Otherwise, any right which depends on the sufferance of a government, no matter how constituted, is not a right at all, but a more or less temporary permission to do some thing, or possess some thing, subject to change or withdrawal at any time the governing authorities so wish.
Consider the Bill of Rights. In order to get the Constitution approved, these 10 amendments were passed since the main body of the Constitution didnt deal with rights adequately. Having listed a number of rights, the Ninth Amendment made clear the rights so enumerated were not an exhaustive list. In other words, the writers of these amendments thought there were many rights too numerous to be included, and that everyone, practically, took for granted. The right to privacy, for example,was nowhere listed.
The Fifth Amendment, following on the Declaration, stated that no one could be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation. It is immediately apparent in the text that due process of law and just compensation provide loopholes large enough to drive a truck through.
Consider the right to private property. You may think you own your own home, but you only own it if you comply with myriad government regulations specifying what you can do with that home and, indeed, whether or not you can even live in it. Back in the day, Bonnie and I bought a fixer-upper, but even after having it fixed up, and bought and paid for it, we could not live in it until the local Michigan authorities issued us a Certificate of Occupancy,and they took their sweet time. It was our only home, and we had to pretend not to live in it until the certificate was forthcoming. We are thankful down here in South Carolina such certificates are not necessary.
The courts have held again and again various authorities have the right to intrude on your property rights anytime they feel like it. They can also take it any time they feel like it, provided it is for a public purpose,very elastically defined, and just compensation is whatever the government says it is, not what you think it is. Also, the courts have permitted your property to be taken, without being taken.Say a new environmental regulation destroys half the market value of land you own. Sorry. Thats not a taking.No compensation.
What about the right to life, which IS enumerated? Does the baby in the womb have any such right?
If a constitutionally enumerated right to property can be so thoroughly ignored, what about unenumerated rights? Privacy, unenumerated, Ill consider next.
Charles Milliken is a professor emeritus after 22 years of teaching economics and related subjects at Siena Heights University. He can be reached at milliken.charles@gmail.com.
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How grand juries work and why Jan. 6 prosecutors are relying on them – Salon
Posted: at 9:03 pm
Grand juries play a major role in the U.S. criminal justice system. And they're very much in the news these days.
A grand jury in Fulton County, Georgia, is looking into former President Donald Trump's efforts to overturn the 2020 presidential election results in that state. Among the latest witnesses to give testimony to the grand jury was Georgia Gov. Brian Kemp.
In Washington, D.C., the U.S. Justice Department is in the middle of an investigation into efforts to overturn the 2020 election, and it is questioning witnesses before a grand jury as well. Most recently, two top aides to former Vice President Mike Pence were questioned in that probe.
A grand jury does not mean that the investigation will lead to any formal criminal charges, which are known as indictments. There was a grand jury that issued subpoenas during the investigation into Hillary Clinton's email server, for example, but no one was charged with any crimes.
In order to understand grand juries and their work, I offer the following explanation of how federal and state grand juries are used in the U.S.
The Fifth Amendment to the U.S. Constitution provides the legal basis for grand juries. In federal criminal cases, federal grand juries are made up of 16 to 23 members. They decide whether to indict someone who is being investigated, and at least 12 grand jurors need to agree to issue an indictment.
In addition to considering whether individuals may have committed a crime, a grand jury can also be used by a prosecutor as an investigative tool to compel witnesses to testify or turn over documents. Reports indicate that special counsel Robert Mueller used a grand jury for the latter when he investigated whether there was collusion between former President Donald Trump's election campaign and Russia to influence the 2016 election.
Grand jurors are usually chosen from the same jury pool as trial jurors. For a federal grand jury, all U.S. citizens over the age of 18 living in the federal district court's geographic jurisdiction are in the pool.
Court clerks first identify members of the grand jury pool from public records, including records of licensed drivers and registered voters.
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Next, prospective grand jurors are screened, usually through questionnaires.
To be a member of a federal grand jury, a person has to be adequately proficient in English, have no disqualifying mental or physical condition, not be currently subject to felony charges punishable by imprisonment for more than one year and never have been convicted of a felony (unless civil rights have been legally restored). The court then randomly chooses candidates for the grand jury from this pool.
In all felony cases, there must be a "probable cause determination" that a crime has been committed in order for a case to move forward to a trial or a plea. "Probable cause" means that there must be some evidence of each element of the offense.
In the federal system, a grand jury is the body that makes the probable cause determination. In many states, like Missouri, the probable cause determination can be made either by a grand jury or at a preliminary hearing before a judge.
When there is an option for either a grand jury or preliminary hearing to determine probable cause, the prosecutor decides which one to use. For example, in the shooting death of Michael Brown by police officer Darren Wilson in 2014, the St. Louis County prosecuting attorney brought the evidence to a grand jury rather than choosing to present evidence to a judge through a preliminary hearing. In serious cases like murder, most prosecutors use the grand jury because it is usually quicker than a preliminary hearing.
Most people whose cases go to the grand jury have already been arrested. These include all of the cases in which a person is arrested while committing a crime or shortly after the crime has been committed.
In some cases, like Mueller's Russia investigation, prosecutors do not have all the evidence they need to make a good case. In these investigations, a grand jury is used to help with the investigation. Once the grand jury is impaneled, the prosecutor has the ability to subpoena records and witnesses.
Subpoena power means the prosecutor can compel witnesses to turn over documents and to testify. If the prosecutor obtains sufficient evidence of a crime, the same grand jury has the power to indict whomever it believes has committed a crime.
The work of a grand jury is required by law to be done in secret, so the public has no right to know who is subpoenaed or what documents the grand jury is reviewing. Even though the grand jury work is secret, federal rules and a majority of states permit grand jury witnesses to discuss what occurred when they testified.
In some high-profile cases, witnesses subpoenaed to appear before the grand jury will talk to the press if they think it will be helpful to them. For example, when former President Bill Clinton testified before a grand jury during the investigation into Whitewater real estate investment and the affair with Monica Lewinsky, he went on national television and announced that he had testified.
The secrecy of a grand jury presents some dangers. The defendant does not know the evidence being considered, does not have a right to be present and cannot question the evidence early in the criminal justice process.
As a result of the secrecy, the grand jury can also end up being a tool of the prosecution, and the prosecutor can choose to withhold evidence that is favorable to the accused. That is why a former chief judge of the New York Court of Appeals, the highest court in New York, famously said that a prosecutor could get a grand jury "to indict a ham sandwich."
These types of dangers are always present during any grand jury, and getting a grand jury to issue an indictment may be easy. But in high-profile cases, like the Russia connection to the Trump presidency and possibly the current investigation into Trump's efforts to overturn the election results in Georgia, proving wrongdoing beyond a reasonable doubt through a trial or a negotiated guilty plea usually proves much more difficult.
This is an updated version of a story originally published on Aug. 7, 2017.
Peter A. Joy, Henry Hitchcock Professor of Law, School of Law, Washington University in St Louis
This article is republished from The Conversation under a Creative Commons license. Read the original article.
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Roe, Dobbs and women’s rights New York Daily News – New York Daily News
Posted: at 9:03 pm
In Dobbs v. Jackson Womens Health Organization, the Supreme Court terminated the national right to abortion. Writing for a 5-4 majority, Justice Samuel Alito held that the Constitutions Due Process Clause provides no protection for a right that is not deeply rooted in this Nations history and tradition. This means, according to the majority, that it is constitutional to bar the termination of a pregnancy as long as a state legislature rationally thought it would serve legitimate interests.
Nowhere in any of the five opinions did any justice mention the possibility that Mississippis law might violate another constitutional provision and in the process create a constitutional right to compensation for motherhood.
In 1897, the Supreme Court held for the first time that a provision in the Bill of Rights was incorporated as a right by the Fourteenth Amendment. In Chicago, Burlington and Quincy Railroad Company v. Chicago, the railway challenged a jury award of $1 compensation for access to its property for a public street. The court held that even though an Illinois statute had authorized the taking and the proper procedure had been followed the states decision violated the Due Process Clause. This is because the de minimis award violated the Fifth Amendment, which provides that private property shall not be taken for public use, without just compensation.
The Just Compensation Clause requires government to pay the fair market value of private property it takes for a public use. The Supreme Court does not require the government to physically take property for there to be a taking; what matters is whether the rights of the owner are impaired by the governments use. As the Supreme Court held in Armstrong v. United States, the Just Compensation Clause was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.
Applying long-established Supreme Court precedents, requiring a pregnant women to give birth is a taking of her property during the period between the prohibition of elective abortion and childbirth. Undoubtedly, she owns her own body. As the dissent pointed out, There are few greater incursions on a body that forcing a woman to complete a pregnancy and give birth. They include physiological changes, greater need for medical treatment and increased risk. As the dissent noted, an American woman is 14 times more likely to die by carrying a pregnancy to term than by having an abortion. She must also comply with state laws that regulate her behavior during pregnancy. In many states, it is illegal for her to consume alcoholic beverages, and in five she can be involuntarily committed for doing so. Pregnancy also imposes additional costs for changes in diet and maternity clothes. Women will need time off from work for medical appointments and may have to stop working altogether. Finally, there is the cost of giving birth.
The Supreme Courts definition of taking also requires that it be done for a public purpose. In Dobbs, the court had no difficulty in determining that the Mississippi law was adopted for the public purpose of protecting prenatal life. And while the newly-born citizens are private persons, the fact that individuals benefit from the states ban on abortion does not mean there is no constitutional taking. As the court held in 2005 in Kelo v. City of New London, the governments pursuit of a public purpose will often benefit individual private parties. In effect, state abortion bans impose the costs of bearing children on all mothers, who are denied the right to control the use of their wombs.
This is why women required to carry their pregnancy to term have a right to compensation for their service to the state. This applies to women in every state, since every state imposes some limit on the duration in which elective abortions are permitted.
What expenses must be compensated? At a minimum, out-of-pocket medical expenses due to pregnancy. While many women have insurance that covers some of these costs, they should be fully reimbursed for all mothers. That might best be accomplished by guaranteeing that pregnant women will have comprehensive health insurance until they give birth. Other out-of-pocket costs for clothing and food should also be compensated, either through a monthly grant or a reimbursement process. Lost income will vary based on each womans economic situation at the time of pregnancy and would need to be separately evaluated based on the specific circumstances of each mother.
Opponents of Dobbs have directed most of their ire at the five justices who signed the majority opinion. But it is unrealistic to expect the court will return to Roe v. Wade in the foreseeable future. Litigation to establish constitutional rights to compensation for the expenses of pregnancy should be pursued.
Rozinski is an associate professor of political science at Touro University.
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Partisan congressional hearings are a threat to all citizens – Monroe Evening News
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Bruce Diven| The Monroe News
A great injustice is being perpetrated on the American people by the congressional hearings focused on bringing legal charges against former President Donald Trump. These hearings are very partisan and solely an exercise in making sure that former President Trump will be unable to gain enough support for another presidential run in 2024.
The media (who never liked Trump and were called fake news) have been willing allies in airing this prime time attack on the former president. What happened to the Fairness Doctrine of 1968? Federal Communications Commission rules stated that the Fairness Doctrine should apply to everyone.Whether you like or dislike President Trump, we have lost the balanced and fair reporting that Americans expect of our media.Shame on them and shame on the citizens of this country for not calling them out.The voters and citizens deserve better.
So lets say that I dont like you, my next door neighbor.I also have a group of other people that I find out dont like you either. If I have enough money and hate you enough, then I could buy TV air time and show video clips of you cutting off the tops of flowers at your home, kicking your dog, and putting your trash out in the street rather than on the curb.
I bet I could find a number of employees who worked at the business you ownto tell stories of the terrible things they saw at your business and get statements from the employees who were fired for no just cause. If I can spin the story over and over again linked with distasteful images, then I am able to cast doubt on your character and ruin your personal and business reputation.
Does this sound fair or legal? It is not.You have legal rights from slander and can sue me for monetary damages and/or jail time up to one year. Even in criminal cases, all Americans are able to have a lawyer and provide opposing evidence to mount a defense against your accuser. If these congressional hearings can do this to former President Trump and provide him no legal defense, then they can do this to you and me.
This isnt the first time that the U.S. government and politicians have run a similar scam on the American people. In 1938, Rep. Martin Dies, D-Texas, convened the House Un-American Activities Committee (HUAC) to investigate alleged disloyalty and rebel activities on the part of private citizens, public employees and organizations suspected of having communist ties.The committee employed several controversial methods to accomplish its goal of ferreting out suspected communists. During the hearing, the suspected communist was grilled about his or her political beliefs and activities and then asked to provide the names of other people who had taken part in allegedly subversive activities.
Any additional figures identified in this manner also received subpoenas, widening the committees probe. Individuals who refused to answer the committees questions or to provide names could be indicted for contempt of Congress and sent to prison. Subjects of HUAC investigations had the option of invoking their right to avoid self-incrimination under the Fifth Amendment, but pleading the Fifth created the impression that they were guilty of a crime. In addition, those who refused to cooperate were often blacklisted by their employers. They lost their jobs and were effectively prevented from working in their chosen profession.
HUACs tactics amounted to a witch hunt that trampled on citizens rights and ruined their careers and reputations. Most people who were called before the committee had broken no laws, but instead were targeted for their political beliefs or for exercising their right to free speech.
No matter what your feelings are regarding President Trump, these ongoing congressional hearings are a threat to every citizens right to fair and equitable treatment under the law. I have had enough … how about you?
Bruce Diven, D.P.T., of Monroe is a physical therapist and a clinical and adjunct professor with Wayne State University. He can be contacted at BCDDPT@comcast.net.
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9 years after a UIW police officer shot student Cameron Redus, the case is going to trial – San Antonio Express-News
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The Fourth Court of Appeals on Friday affirmed a lower courts decision denying the University of the Incarnate Words request to quash a wrongful death lawsuit stemming from the 2013 shooting of a student by a campus police officer.
Brent Perry, the Houston lawyer representing the family of Robert Cameron Redus, said Friday that he was pleased with the ruling, and absent something unusual happening in the next two months, the suit can proceed.
A trial is currently set for Sept. 19 in state district court in San Antonio.
We have to go to trial, Perry said. That shooting was unjustified.
RELATED: UIW says student slain by campus officer was irresponsible
Margaret Garcia, UIW director of university communications and brand marketing, acknowledged via email Friday the court had concluded that in their opinion there are factual issues which must be presented to a jury.
She added that UIW is preparing to proceed forward with the trial.
Valerie Redus (center) joined by her husband, Mickey, fights back tears while reading aloud a journal entry from her deceased son, Cameron, during a candlelight vigil to mark the three-year anniversary of his death in front of the University of the Incarnate Word on Tuesday, Dec. 6, 2016.
Redus, 23, who went by Cameron, had reached his off-campus apartment building when his pickup was stopped by Cpl. Christopher Carter, who had suspected Redus of driving drunk near the university early on Dec. 6, 2013.
Carter reported that Redus fought him when he attempted an arrest, and after a prolonged struggle in which Redus got control of his baton and struck him with it he shot the student multiple times.
The appeals panel agreed that the university could not be protected by the legal immunity afforded police officers because the question of whether Carter was acting in good faith was disputed.
The universitys previous claim to government immunity because its police department was licensed by the state was also rejected, by the appeals court and later the Texas Supreme Court, during the eight years since the lawsuit was filed.
A trial will allow Carters version of the facts to be challenged, Perry said.
A friend of Robert Cameron Redus holds a program during a Jan. 13, 2014 memorial service at the University of the Incarnate Word for Redus, a student fatally shot by a UIW officer weeks earlier.
RELATED: Appeals court says UIW cant claim immunity in Redus case
Carter knew Cameron was not armed, Perry said. His statement was false. He knew Cameron never hit him with the baton.
A Bexar County grand jury in 2014 declined to indict Carter. The parents of Redus, who lived in Baytown, filed the lawsuit that year.
The appeals court ruled that UIW was not entitled to governmental immunity with respect to the actions of its police, and the Texas Supreme Court agreed in 2020, saying that private universities do not operate as an arm of the state government through their police departments.
Following that decision, UIW filed a motion for summary judgment based on Carters qualified immunity. That motion was denied, and in affirming the ruling, the Fourth Court noted aspects of Carters story that might be disputed by a recording of the fatal encounter and because under questioning, he invoked his Fifth Amendment right against self-incrimination.
ezavala@express-news.net | Twitter: @elizabeth2863
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