Electoral Lies and the Broader Problems of Strict Scrutiny
States often attempt to regulate political speech in the form of deliberate lies related to ballot initiatives, referenda, candidates, or their political positions. Some courts focus on the various harms of electoral lies, while others focus more on the risks of bias and partisan abuse involved in such speech regulations, and the cases are in disarray. This article argues, however, that the most important problem underlying this case confusion is inherent in the widely utilized constitutional standard of strict scrutiny. Strict scrutiny typically requires a compelling governmental interest, “narrow tailoring,” and some causal relation between the regulation and the compelling interest. The crucial point, though, is that, as this article documents, each of these elements lends itself to a surprising degree of arbitrariness, judicial subjectivity, uncontrollable complexity, and sheer impracticality. The article works through these multiple problems, in the context of electoral lies and much more broadly, and considers two significant possible reforms of standard versions of the judicial strict scrutiny test.
Wiping Away the Tiers of Judicial Scrutiny
Throughout much of constitutional law and beyond, courts often decide cases by applying some form of tiered or multi-level judicial scrutiny. The prominence of tiered scrutiny conceals, however, a number of important problems. The undue complications, manipulability, commonly mistaken emphases, and other costs of tiered scrutiny are by now conspicuous and remarkable. Tiered scrutiny review has by now decayed to the point at which its use is no longer justifiable. Among other basic problems, tiered scrutiny now offers only the appearance, but not the reality, of reasonable efficiency and of appropriate constraint on judicial subjectivity and discretion. The practice of tiered scrutiny today clearly undermines several basic rule of law principles. This Article suggests that a simpler, more rule of law-friendly substitute for tiered scrutiny is realistically available, and that such a substitute can also encourage more pragmatically effective law-making.
New Trends in Fungal Biooxidation
Biooxidations using isolated biocatalysts for the oxidative conversion of organic compounds and materials are becoming more and more important in the industrial sector. Research in this direction is part of the rapidly developing field of White Biotechnology and is carried out not least against the background of sustainable development and the need to replace environmentally risky technologies by eco-friendly processes. Whereas whole cells are already widely used as oxidative biocatalysts, the application of isolated enzymes is still limited to a few examples. One reason for that is the cost-intensive production and laborious purification of enzymes which are mostly intracellular and sometimes membrane-bound proteins with low stability and complex co-factor requirements. The use of secreted oxidoreductases offers several advantages: they are easier to separate and purify, need only cheap co-substrates such as dioxygen or peroxides and are far more stable than intracellular enzymes. Filamentous fungi secrete a broad spectrum of oxidative biocatalysts which are involved, amongst others, in the degradation of recalcitrant biopolymers, the synthesis of melanins as well as the detoxification of plant ingredients, microbial metabolites and organopollutants. We focus here on novel secreted enzymes - peroxygenases and DyP-type peroxidases - with remarkable catalytic properties. Furthermore selected features of “classic” fungal oxidoreductases, such as laccase, tyrosinase and chloroperoxidase, are discussed against the background of innovative recent developments in the field of enzyme application.