Digital Commons Network^™

The Miranda Case Fifty Years Later, Yale Kamisar

Articles

A decade after the Supreme Court decided Miranda v. Arizona, Geoffrey Stone took a close look at the eleven decisions the Court had handed down “concerning the scope and application of Miranda.” As Stone observed, “[i]n ten of these cases, the Court interpreted Miranda so as not to exclude the challenged evidence.” In the eleventh case, the Court excluded the evidence on other grounds. Thus, Stone noted, ten years after the Court decided the case, “the Court ha[d] not held a single item of evidence inadmissible on the authority of Miranda.” Not a single item. To use …

The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos

Articles

It seems that everybody loves workplace wellness programs. The Chamber of Commerce has firmly endorsed those progarms, as have other business groups. So has President Obama, and even liberal firebrands like former Senator Tom Harkin. And why not? After all, what's not to like about programs that encourage people to adopt healthy habits like exercise, nutritious eating, and quitting smoking? The proponents of these programs speak passionately, and with evident good intentions, about reducing the crushing burden that chronic disease places on individuals, families, communities, and the economy as a whole. What's not to like? Plenty. Workplace wellness programs are …

The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr

Articles

This paper adds to the empirical evidence that criminal records are a barrier to employment. Using data from 2,655 online applications sent on behalf of fictitious male applicants, we show that employers are 60 percent more likely to call applicants that do not have a felony conviction. We further investigate whether this effect varies based on applicant race (black versus white), crime type (drug versus property crime), industry (restaurants versus retail), jurisdiction (New Jersey versus New York City), local crime rate, and local racial composition. Although magnitudes vary somewhat, in every subsample the conviction effect is large, significant, and negative.

The Commercial Difference, Felix T. Wu

Articles

When it comes to the First Amendment, commerciality does, and should, matter. This Article develops the view that the key distinguishing characteristic of corporate or commercial speech is that the interest at stake is “derivative,” in the sense that we care about the speech interest for reasons other than caring about the rights of the entity directly asserting a claim under the First Amendment. To say that the interest is derivative is not to say that it is unimportant, and one could find corporate and commercial speech interests to be both derivative and strong enough to apply heightened scrutiny to …

Old World Readings Of A New World Novel: European Perspectives On John Updike's Terrorist, Laurence Mazzeno, Sue Norton

Articles

Given the diverse and polarized reaction by reviewers and scholars in the decade immediately following its publication, John Updike’s 2006 novel, Terrorist, is likely to become a textbook case for reception studies. In reception studies, differences in space (in Updike’s case, globally) and time play an important role in shaping a reader’s reaction to a text.1 Within months of its publication, Terrorist generated hundreds of reviews in dozens of countries around the globe; scholarly articles began appearing less than a year later. Most notable is not simply the sheer number of publications devoted wholly or in part to this novel, …

Competency-Based Assessment Of Refractive Error Measurement In A Mozambique Optometry School, Kajal Shah, Kovin Naidoo, Luigi Bilotto, James Loughman

Articles

Background: The aims of this study were to develop a process for assessing refractive error management competence among the first two cohorts of students in a new optometry program at Unilúrio in Mozambique and to understand the effectiveness of implementing the process in the context of a low resource environment. Methods: The assessment methods were developed using information from a literature review and a focus group discussion and implemented on 15 students. Results: The exams consisted of direct observation of two patients, short-answer questions and a structured oral examination. Conclusion: The use of existing checklists and rating skills helped to …

Remedial Restraint In Administrative Law, Nicholas Bagley

Articles

When a court determines that an agency action violates the Administrative Procedure Act, the conventional remedy is to invalidate the action and remand to the agency. Only rarely do the courts entertain the possibility of holding agency errors harmless. The courts’ strict approach to error holds some appeal: Better a hard rule that encourages procedural fastidiousness than a remedial standard that might tempt agencies to cut corners. But the benefits of this rule-bound approach are more elusive, and the costs much larger, than is commonly assumed. Across a wide range of cases, the reflexive invalidation of agency action appears wildly …

Federalism And The End Of Obamacare, Nicholas Bagley

Articles

Federalism has become a watchword in the acrimonious debate over a possible replacement for the Affordable Care Act (ACA). Missing from that debate, however, is a theoretically grounded and empirically informed understanding of how best to allocate power between the federal government and the states. For health reform, the conventional arguments in favor of a national solution have little resonance: federal intervention will not avoid a race to the bottom, prevent externalities, or protect minority groups from state discrimination. Instead, federal action is necessary to overcome the states’ fiscal limitations: their inability to deficit-spend and the constraints that federal law …

Variational Approach Of Constructing Reduced Fluid-Structure Interaction Models In Bifurcated Networks, Alexander S. Liberson, Yashar Seyed Vahedein, David A. Borkholder

Articles

Reduced fluid-structure interaction models have received a considerable attention in recent years being the key component of hemodynamic modeling. A variety of models applying to specific physiological components such as arterial, venous and cerebrospinal fluid (CSF) circulatory systems have been developed based on different approaches. The purpose of this paper is to apply the general approach based on Hamilton’s variational principle to create a model for a viscous Newtonian fluid - structure interaction (FSI) in a compliant bifurcated network. This approach provides the background for a correct formulation of reduced FSI models with an account for arbitrary nonlinear visco-elastic properties …

Poisson Windowing, David L. Farnsworth

Articles

The statistical quality-control technique of windowing takes advantage of the additive property of the Poisson probability distribution and the geometry of the data. There are abundant applications of windowing to observations that naturally occur in arrays or that are produced in them, such as computer chips, which are manufactured many at a time on wafers. Standard statistical procedures are used.

The Political Process Argument For Overruling Quill, Edward A. Zelinsky

Articles

Should the U.S. Supreme Court overrule Quill Corporation v. North Dakota? In Quill, the Court held that, under the dormant Commerce Clause of the U.S. Constitution, the states cannot impose the obligation to collect sales taxes on out-of-state vendors which lack physical presence in the taxing state. As internet commerce has grown, Quill’s physical presence test has severely hampered the states’ ability to enforce their sales taxes.

Much of the Supreme Court’s case law suggests that, under the banner of stare decisis, the Court should not overturn Quill. This case law indicates that it is Congress’s …

Erie Step Zero, Alexander A. Reinert

Articles

Courts and commentators have assumed that the Erie doctrine, while originating in diversity cases, applies in all cases whatever the basis for federal jurisdiction. Thus, when a federal court asserts jurisdiction over pendent state law claims through the exercise of supplemental jurisdiction in a federal question case, courts regularly apply the Erie doctrine to resolve conflict between federal and state law. This Article shows why this common wisdom is wrong.

To understand why, it is necessary to return to Erie’s goals, elaborated over time by the U.S. Supreme Court. Erie and its progeny are steeped in diversity-driven policy concerns: concerns …

Conviction Integrity Units Revisited, Barry Scheck

Articles

“Conviction Integrity Unit” has become a brand name that has good public relations value for an elected official. But what does it really mean? Is it just a fashion accessory, a flashy but empty appellation intended to convey the idea that the office is extremely serious about correcting wrongful convictions and holding its own members accountable for errors or acts of misconduct, but really is not? Is conviction integrity nothing more than a passing fad, a nebulous slogan without real meaning that is good for propaganda purposes, but will not bring about any serious change in the way business is …

Effect Of Pulse Flours On The Physiochemical Characteristics And Sensory Acceptance Of Baked Crackers., Kim A. Millar, Catherine Barry-Ryan, Roisin Burke, Sinead Mccarthy, Eimear Gallagher

Articles

Pulse flours offer nutritional alternatives to wheat flour in the production of baked snacks due to their high protein and fibre levels and low glycaemic index. In this study, broad-bean (Vicia faba), yellow-pea and green-pea (Pisum sativum) flours were each blended with wheat flour at 40% in the formulation of chemically leavened crackers. The effects of flour type and baking time on the physiochemical properties, sensory acceptability, nutritional composition and antioxidant activity of the crackers were observed in comparison with 100% wheat crackers. Broad-bean crackers had the highest protein content and antioxidant activity (13 g per 100 g DM and …

The Influence Of History On States’ Compliance With Human Rights Obligations, Adam S. Chilton, Eric A. Posner

Articles

No abstract provided.

Concepts Before Percepts: The Central Place Of Doctrine In Legal Scholarship, Richard A. Epstein

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No abstract provided.

Making Doctrinal Work More Rigorous: Lessons From Systematic Reviews, William Baude, Adam S. Chilton, Anup Malani

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No abstract provided.

Priority Matters: Absolute Priority, Relative Priority, And The Costs Of Bankruptcy, Douglas G. Baird

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No abstract provided.

Sovereign Immunity And The Constitutional Text, William Baude

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No abstract provided.

The Absence Of Method In Statutory Interpretation, Frank H. Easterbrook

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No abstract provided.

The Gibbons Fallacy, Richard A. Primus

Articles

In Gibbons v. Ogden, Chief Justice John Marshall famously wrote that "the enumeration presupposes something not enumerated." Modern courts use that phrase to mean that the Constitutions enumeration of congressional powers indicates that those powers are, as a whole, less than a grant of general legislative authority. But Marshall wasn't saying that. He wasn't talking about the Constitution's overall enumeration of congressional powers at all. He was writing about a different enumeration - the enumeration of three classes of commerce within the Commerce Clause. And Marshall's analysis of the Commerce Clause in Gibbons does not imply that the enumerated …

Random If Not "Rare"? The Eighth Amendment Weaknesses Of Post-Miller Legislation, Kimberly Thomas

Articles

First, this Article surveys the U.S. Supreme Court's decision to analogize life without parole for juveniles to the death penalty for adults, and discusses the Eighth Amendment law regarding the parameters around death penalty statutory schemes. Second, this Article examines the state legislative response to Miller, and scrutinizes it with the Court's Eighth Amendment death penalty law-and the states' responses to this case law-in mind. This Article highlights the failure of juvenile homicide sentencing provisions to: 1) narrow offenses that are eligible for life without parole sentences; 2) further limit, once a guilty finding is made, the categories of …

Speaking Law: Towards A Nuanced Analysis Of 'Cases', Susanne Baer

Articles

“The headscarf case” is more than just a case. Talking law is often talking cases, but we need to understand law more specifically as a powerful practice of regulation. Law is also not only another discourse, or just text, or politics, with fundamental rights as “an issue,” or a promise, or just an idea. Instead, to protect fundamental rights, it is necessary to understand how in reacting to a conflict, we in fact speak rights today—Rechtsprechung—as a form of practice. The German Federal Constitutional Court’s decision in the conflict about female teachers wearing headscarves in German public schools may be …

Mortality As Muse: A Review Of 'The Violet Hour: Great Writers At The End' By Katie Roiphe, Sue Norton

Articles

Book review.

Time To Refocus Assessment Of Vision In Older Adults? Contrast Sensitivity But Not Visual Acuity Is Associated With Gait In Older Adults, James Loughman, Eoin Duggan, Oma Donoghue, Rose Anne Kenny, Hilary Cronin, Ciarán Finucane

Articles

Background: The relationship between measures of visual function and gait related risk factors for falls is unclear. In this study, we examine the relationship between visual function (visual acuity [VA] and contrast sensitivity [CS] at multiple spatial frequencies) and quantitative spatiotemporal gait, using a large, nationally representative sample of community dwelling older adults. Methods: Participants aged 50 and over were recruited as part of The Irish Longitudinal Study on Ageing (TILDA). VA was measured with the LogMAR chart according to the Early Treatment of Diabetic Retinopathy Study protocol. CS was measured at five spatial frequencies ranging 1.5 to 18 cycles …

The Critical Role Of Point Defects In Improving The Specific Capacitance Of Δ-Mno2 Nanosheets, Peng Gao, Peter Metz, Trevyn Hey, Yuxuan Gong, Dawei Liu, Doreen D. Edwards, Jane Y. Howe, Rong Huang, Scott T. Misture

Articles

3D porous nanostructures built from 2D δ-MnO2 nanosheets are an environmentally friendly and industrially scalable class of supercapacitor electrode material. While both the electrochemistry and defects of this material have been studied, the role of defects in improving the energy storage density of these materials has not been addressed. In this work, δ-MnO2 nanosheet assemblies with 150 m2 g−1 specific surface area are prepared by exfoliation of crystalline KxMnO2 and subsequent reassembly. Equilibration at different pH introduces intentional Mn vacancies into the nanosheets, increasing pseudocapacitance to over 300 F g−1, reducing charge transfer resistance as low as 3 …

The Law Of Interpretation, William Baude, Stephen E. Sachs

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No abstract provided.

Derivation And Validation Of The Stray Light Correction Algorithm For The Thermal Infrared Sensor Onboard Landsat 8, Aaron Gerace, Matthew Montanaro

Articles

It has been known and documented that the Thermal Infrared Sensor (TIRS) on-board Landsat 8 suffers from a significant stray light problem (Reuter et al., 2015; Montanaro et al., 2014a). The issue appears both as a non-uniform banding artifact across Earth scenes and as a varying absolute radiometric calibration error. A correction algorithm proposed by Montanaro et al. (2015) demonstrated great potential towards removing most of the stray light effects from TIRS image data. It has since been refined and will be implemented operationally into the Landsat Product Generation System in early 2017. The algorithm is trained using near-coincident thermal …

After The Big Deals Are Done, Jonathan Nabe

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No abstract provided.

Design Techniques For Direct Digital Synthesis Circuits With Improved Frequency Accuracy Over Wide Frequency Ranges, Stefan Leitner, Haibo Wang, Spyros Tragoudas

Articles

Recently, there are increasing interests in impedance sensors for various applications. Direct digital synthesis (DDS) circuits are commonly used in such sensor circuits for generating stimulus signals, due to the advantages of accurate frequency control, drift-free performance, etc. Previously reported DDS circuits for sensor applications typically maintain superb frequency accuracy within relatively small frequency ranges. This paper investigates techniques to improve frequency accuracy over wide frequency ranges. In addition, it presents an analytical framework to estimate the signal to noise ratio (SNR) of the generated signal and derives guidelines for optimizing DDS circuit configurations. Both simulation and hardware measurement results …