Digital Commons Network^™

'The Question Is Which Is To Be Master - That's All': Cunningham, Claiborne, Rita And The Sixth Amendment Muddle, Frank O. Bowman Iii

Faculty Publications

Three things are clear from the Supreme Court's opinion in Cunningham v. California, in which the Court struck down California's sentencing law as violative of the Sixth Amendment, and from the briefs in the pending cases involving post-Booker federal sentencing, Claiborne v. United States and Rita v. United States. First, the Supreme Court has plunged Sixth Amendment sentencing law deep down the rabbit hole. Second, both the government and petitioners in Claiborne and Rita have adopted indefensible positions. Third, neither the parties nor the amici in Rita and Claiborne have offered the Court any real help in crafting a sensible …

Cybergossip Or Securities Fraud? Some First Amendment Guidance In Drawing The Line., Lyrissa Lidsky, Michael Pike

Faculty Publications

Fifteen-year-old Jonathan Lebed, the youngest person ever pursued by the SEC in an enforcement action, made over $800,000 in six months by promoting stocks on Internet message boards. Using several fictitious screen names, Jonathan posted hundreds of messages on Yahoo! Finance, hyping selected over-the-counter stocks and then promptly selling his pre-purchased shares as soon as the stock prices rose.

Publicly, the SEC painted a picture-perfect case of securities fraud. Yet, the SEC forced disgorgement of only $285,000 of Jonathan's profits, leaving many observers to wonder why the resolution of this supposedly clear-cut case left its teenaged perpetrator with over $500,000. …

Formulating Rational Drug Policy In California, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Does Technology Require New Law?, David D. Friedman

Faculty Publications

Technological change affects the law in at least three ways: (1) by altering the cost of violating and enforcing existing legal rules; (2) by altering the underlying facts that justify legal rules; and (3) by changing the underlying facts implicitly assumed by the law, making existing legal concepts and categories obsolete, even meaningless. The legal system can choose to ignore such changes. Alternatively, it may selectively alter its rules legislatively or via judicial interpretation. In this essay I first discuss, as an interesting historical example, past technological changes relevant to copyright law and the law's response. I then go on …

Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman

Faculty Publications

In her review essay Ending Male Privilege: Beyond the Reasonable Woman, Professor Wildman examines A Law of Her Own: The Reasonable Woman as a Measure of Man by Caroline A. Forell and Donna M. Matthews. Forell and Matthews explain the need for a reasonable woman standard, particularly in cases of sexual harassment, stalking, domestic homicide, and rape. Wildman, while agreeing that those areas exemplify areas of law in which the "spectrum of violence and disregard of women is most evident and problematic," urges that litigants seeking equality must go beyond the reasonable woman and articulate the systemic nature of male …

Revised Article 9, Securitization Transactions And The Bankruptcy Dynamic, Lois R. Lupica

Faculty Publications

Article 9 of the Uniform Commercial Code ("U.C.C.")1 is the law governing the creation, perfection, and enforcement of security interests in personal property. Originally enacted in 1960,2 Article 9 was substantially revised in 1972 in response to changes in commercial financing markets and practices. Since this last revision, there have been further changes, including technological advances, affecting commercial practice and custom. These changes have led the Permanent Editorial Board for the U.C.C. ("PEB") to recommend to the American Law Institute ("ALI") and the National Conference of Commissioners on Uniform State Laws ("NCCUSL") that Article 9, once again, be significantly revised. …

Understanding Infanticide In Context: Mothers Who Kill, 1870-1930 And Today, Michelle Oberman

Faculty Publications

No abstract provided.

A Preliminary Assessment Of Tidal Flooding Along The New Hampshire Coast: Past, Present And Future, Larry G. Ward, Jamie R. Adams

Faculty Publications

This report presents the results of a preliminary study that examines several critical coastal issues for New Hampshire including sea level fluctuations (past, present and future), shoreline migrations, and tidal flooding. Included are: 1) an analysis of sea level changes over the Holocene and resulting shoreline migrations, 2) an assessment of low-lying areas with elevations below selected tidal flooding datums in coastal areas, and 3) an assessment of increases in low-lying areas that are potentially at risk to tidal flooding over the next century due to sea level rise.

Magnetic Polarons And The Metal-Semiconductor Transitions In (Formula Presented) And Euo: Raman Scattering Studies, C. S. Snow, S. L. Cooper, D. P. Young, Z. Fisk, Arnaud Comment, Jean Philippe Ansermet

Faculty Publications

We present inelastic light scattering measurements of EuO and (formula presented) (formula presented) 0.005, 0.01, 0.03, and 0.05) as functions of doping, B isotope, magnetic field, and temperature. Our results reveal a variety of distinct regimes as a function of decreasing T: (a) a paramagnetic semimetal regime, which is characterized by a collision-dominated electronic scattering response whose scattering rate (formula presented) decreases with decreasing temperature; (b) a spin-disorder scattering regime, which is characterized by a collision-dominated electronic scattering response whose scattering rate (formula presented) scales with the magnetic susceptibility; (c) a magnetic polaron regime, in which the development of an …

Measurement Of Electron-Neutrino Electron Elastic Scattering, L. B. Auerbach, R. L. Burman, D. O. Caldwell, E. D. Church, J. B. Donahue, A. Fazely, G. T. Garvey, R. M. Gunasingha, R. Imlay, W. C. Louis, R. Majkic, A. Malik, W. Metcalf, G. B. Mills, V. Sandberg, D. Smith, I. Stancu, M. Sung, R. Tayloe, G. J. Vandalen, W. Vemon, N. Wadia, D. H. White, S. Yellin

Faculty Publications

The cross section for the elastic scattering reaction νe+e-→νe+e- was measured by the Liquid Scintillator Neutrino Detector using a μ+ decay-at-rest νe beam at the Los Alamos Neutron Science Center. The standard model of electroweak physics predicts a large destructive interference between the charge current and neutral current channels for this reaction. The measured cross section, σνe+e-= [10.1± 1.1(stat) ±1.0(syst)]×Eνe (MeV)× 10-45 cm2, agrees well with standard model expectations. The measured value of the interference parameter, I= -1.01±0.13(stat)±0.12(syst), is in good agreement with the standard model expectation of ISM= -1.09. Limits are placed on neutrino flavor-changing neutral currents. An upper …

Measurement Of Electron-Neutrino Electron Elastic Scattering, L. B. Auerbach, R. L. Burman, D. O. Caldwell, E. D. Church, J. B. Donahue, A. Fazely, G. T. Garvey, R. M. Gunasingha, R. Imlay, W. C. Louis, R. Majkic, A. Malik, W. Metcalf, G. B. Mills, V. Sandberg, D. Smith, I. Stancu, M. Sung, R. Tayloe, G. J. Vandalen, W. Vernon, N. Wadia, D. H. White, S. Yellin

Faculty Publications

The cross section for the elastic scattering reaction (Formula presented) was measured by the Liquid Scintillator Neutrino Detector using a (Formula presented) decay-at-rest (Formula presented) beam at the Los Alamos Neutron Science Center. The standard model of electroweak physics predicts a large destructive interference between the charge current and neutral current channels for this reaction. The measured cross section, (Formula presented) agrees well with standard model expectations. The measured value of the interference parameter, (Formula presented) is in good agreement with the standard model expectation of (Formula presented) Limits are placed on neutrino flavor-changing neutral currents. An upper limit on …

Measurements Of Charged Current Reactions Of Ve On 12C, L. B. Auerbach, R. L. Burman, D. O. Caldwell, E. D. Church, J. B. Donahue, A. Fazely, G. T. Garvey, R. M. Gunasingha, R. Imlay, W. C. Louis, R. Majkic, A. Malik, W. Metcalf, G. B. Mills, V. Sandberg, D. Smith, I. Stancu, M. Sung, R. Tayloe, G. J. Vandalen, W. Vernon, N. Wadia, D. H. White, S. Yellin

Faculty Publications

Charged current reactions of ve on 12C have been studied using a μ+ decay-at-rest ve beam at the Los Alamos Neutron Science Center. The cross section for the exclusive reaction 12C(ve,e-)12Ng.s. was measured to be (8.9 ± 0.3 ± 0.9) × 10-42 cm2. The observed energy dependence of the cross section and angular distribution of the outgoing electron agree well with theoretical expectations. Measurements are also presented for inclusive transitions to 12N excited states, 12C(ve ,e-)12N* and compared with theoretical expectations. The measured cross section, (4.3 ± 0.4 ± 0.6) × 10-42 cm2, is somewhat lower than previous measurements and …

Evidence For Neutrino Oscillations From The Observation Of [Formula Presented] Appearance In A [Formula Presented] Beam, A. Aguilar, L. B. Auerbach, R. L. Burman, D. O. Caldwell, E. D. Church, A. K. Cochran, J. B. Donahue, A. Fazely, G. T. Garvey, R. M. Gunasingha, R. Imlay, W. C. Louis, R. Majkic, A. Malik, W. Metcalf, G. B. Mills, V. Sandberg, D. Smith, I. Stancu, M. Sung, R. Tayloe, G. J. Vandalen, W. Vernon, N. Wadia, D. H. White, S. Yellin

Faculty Publications

A search for (Formula presented) oscillations was conducted by the Liquid Scintillator Neutrino Detector at the Los Alamos Neutron Science Center using (Formula presented) from (Formula presented) decay at rest. A total excess of (Formula presented) events consistent with (Formula presented) scattering was observed above the expected background. This excess corresponds to an oscillation probability of (Formula presented) which is consistent with an earlier analysis. In conjunction with other known limits on neutrino oscillations, the LSND data suggest that neutrino oscillations occur in the (Formula presented) range, indicating a neutrino mass greater than (Formula presented) © 2001 The American Physical …

Thermodynamics Of D-Wave Superconductors In A Magnetic Field, I. Vekhter, P. J. Hirschfeld, E. J. Nicol

Faculty Publications

We investigate the thermodynamic properties of a two-dimensional d-wave superconductor in the vortex state using a semiclassical approach, and argue that such an approach is valid for the analysis of the experimental data on high-temperature superconductors. We develop a formalism where the spatial average of a physical quantity is written as an integral over the probability density of the Doppler shift, and evaluate this probability density for several model cases. The approach is then used to analyze the behavior of the specific heat and the nuclear magnetic resonance (NMR) spin-lattice relaxation rate in a magnetic field. We compare our results …

Phylogeny Of The Celastraceae Inferred From Phytochrome B Gene Sequence And Morphology, Mark P. Simmons, Curtis C. Clevinger, Vincent Savolainen, Robert H. Archer, Sarah Mathews, Jeff J. Doyle

Faculty Publications

Phylogenetic relationships within Celastraceae were inferred using a simultaneous analysis of 61 morphological characters and 1123 base pairs of phytochrome B exon 1 from the nuclear genome. No gaps were interred, and the gene tree topology suggests that the primers were specific to a single locus that did not duplicate among the lineages sampled. This region of phytochrome B was most useful for examining relationships among closely related genera. Fifty-one species from 38 genera of Celastraceae were sampled. The Celastraceae sensu lato (including Hippocrateaceae) were resolved as a monophyletic group. Loesener's subfamilies and tribes of Celastraceae were not supported. The …

Effect Of Ph And Salt Bridges On Structural Assembly: Molecular Structures Of The Monomer And Intertwined Dimer Of The Eps8 Sh3 Domain, K. V. Radha Kishan, M. E. Newcomer, T. H. Rhodes, S. D. Guilliot

Faculty Publications

The SH3 domain of Eps8 was previously found to form an intertwined, domain-swapped dimer. We report here a monomeric structure of the EPS8 SH3 domain obtained from crystals grown at low pH, as well as an improved domain-swapped dimer structure at 1.8 Å resolution. In the domain-swapped dimer the asymmetric unit contains two "hybrid-monomers." In the low pH form there are two independently folded SH3 molecules per asymmetric unit. The formation of intermolecular salt bridges is thought to be the reason for the formation of the dimer. On the basis of the monomer SH3 structure, it is argued that Eps8 …

The Genetics Of Reproductive Isolation And The Potential For Gene Exchange Between Drosophila Pseudoobscura And D. Persimilis Via Backcross Hybrid Males, Mohamed A.F. Noor, Katherine L. Grams, Lisa A. Bertucci, Yvette Almendarez, Jane Reiland, Kelley R. Smith

Faculty Publications

Hybrid male sterility, hybrid inviability, sexual isolation, and a hybrid male courtship dysfunction reproductively isolate Drosophila pseudoobscura and D. persimilis. Previous studies of the genetic bases of these isolating mechanisms have yielded only limited information about how much and what areas of the genome are susceptible to interspecies introgression. We have examined the genetic basis of these barriers to gene exchange in several thousand backcross hybrid male progeny of these species using 14 codominant molecular genetic markers spanning the five chromosomes of these species, focusing particularly on the autosomes. Hybrid male sterility, hybrid inviability, and the hybrid male courtship dysfunction …

Estimating The Unbiased Estimator Θ For Population Genetic Survey Data, Jacqueline J. Weicker, Robb T. Brumfield, Kevin Winker

Faculty Publications

We consider a method of approximating Weir and Cockerham's θ, an unbiased estimator of genetic population structure, using values readily available from published studies using biased estimators (Wright's FST or Nei's GST). The estimation algorithm is shown to be useful for both model populations and real-world avian populations. However, the correlation between Wright's FST and Weir and Cockerham's θ is strong when compared among 39 empirical avian datasets. Thus, the advantage of approximating an unbiased estimator is unclear considering the small actual effect of θ's bias-removing power on empirical datasets.

Sexual Selection On Plumage And Behavior In An Avian Hybrid Zone: Experimental Tests Of Male-Male Interactions, David B. Mcdonald, Robert P. Clay, Robb T. Brumfield, Michael J. Braun

Faculty Publications

In western Panama, an unusual hybrid zone exists between white-collared manakins, Manacus candei, and golden-collared manakins, M. vitellinus. Unidirectional introgression of plumage traits from vitellinus into candei has created a region in which all definitively plumaged males have a collar that is lemon-colored. These males are nearly indistinguishable from white-collared candei genetically and morphometrically, but strongly resemble golden-collared vitellinus due to the introgression of secondary sexual plumage traits, particularly the lemon-colored collar. The introgression could be explained by sexual selection for golden-collared traits or by a series of mechanisms that do not invoke sexual selection (e.g., neutral diffusion, dominant allele). …

Effect Of Commercial Fat Replacers On The Microstructure Of Low-Fat Cheddar Cheese, Kayanush J. Aryana, Zahur U. Haque

Faculty Publications

This objective of this study was to determine the effect of protein-and carbohydrate-based fat replacers on the microstructure of low-fat Cheddar cheese. Microstructure was studied by transmission and scanning electron microscopy. Protein-based fat replacers were Dairy LoTM (DL) and SimplesseTM (SIMP), while the carbohydrate-based fat replacers were NovagelTM (NOV) and StellarTM (STEL). Low-fat Cheddar cheese was manufactured using these commercial fat replacers and aged for 6 months at 5 °C. Low-fat control (LFC) and low-fat Cheddar cheese made with SIMP and DL showed a rippled surface microstructure while incorporation of NOV and STEL resulted in cheese with an undulated and …

Useful Alternative To The Multipole Expansion Of Potentials, H. S. Cohl, A. R.P. Rau, J. E. Tohline, D. A. Browne, J. E. Cazes, E. I. Barnes

Faculty Publications

Few-body problems involving Coulomb or gravitational interactions between pairs of particles, whether in classical or quantum physics, are generally handled through a standard multipole expansion of the two-body potentials. We develop an alternative based on an old, but hitherto forgotten, expression for the inverse distance between two points that builds on azimuthal symmetry. This alternative should have wide applicability throughout physics and astronomy, both for computation and for the insights it provides through its emphasis on different symmetries and structures than are familiar from the standard treatment. We compare and contrast the two methods, develop addition theorems for Legendre functions …

Excitation Of Neutron Star Oscillations By An Orbiting Particle, Johannes Ruoff, Pablo Laguna, Jörge Pullin

Faculty Publications

The excitation of neutron stars is expected to be an important source of gravitational radiation. Therefore it is of fundamental importance to investigate mechanisms that trigger oscillations in neutron stars in order to characterize the emitted radiation. We present results from a numerical study of the even-parity gravitational radiation generated from a particle orbiting a neutron star. In contrast to previous calculations performed in the Fourier domain, we use the direct time evolution of the perturbation equations. We focus our investigation on those conditions on the orbital parameters that favor the excitation of w-modes. We find that for astrophysically realistic …

Comment On "Photodetachment In Combined Static And Dynamic Electric Fields" “Multiple Letters”, I. I. Fabrikant, M. V. Frolov, N. L. Manakov, A. F. Starace, A. R.P. Rau, C. Rangan

Faculty Publications

No abstract provided.

Su(3) Symmetry Breaking In Lower [Formula Presented]-Shell Nuclei, V. G. Gueorguiev, J. P. Draayer, C. W. Johnson

Faculty Publications

Results of shell-model calculations for lower [Formula Presented]-shell nuclei show that SU(3) symmetry breaking in this region is driven by the single-particle spin-orbit splitting. However, even though states of the yrast band exhibit SU(3) symmetry breaking, the results also show that the yrast band [Formula Presented] values are insensitive to this fragmentation of the SU(3) symmetry; specifically, the quadrupole collectivity as measured by [Formula Presented] transition strengths between low lying members of the yrast band remain high even though SU(3) appears to be broken. Results for [Formula Presented] and [Formula Presented] using the Kuo-Brown-3 two-body interaction are given to illustrate …

Interband B (E2) Transition Strengths In Odd-Mass Heavy Deformed Nuclei, C. E. Vargas, J. G. Hirsch, J. P. Draayer

Faculty Publications

Interband B(E2) transition strengths between different normal parity bands in 163Dy and 165Er are described using the pseudo-SU(3) model. The Hamiltonian includes Nilsson single-particle energies, quadrupole-quadrupole and pairing interactions with fixed, parametrized strengths, and three extra rotor terms used to fine tune the energy spectra. In addition to interband transitions, the energy spectra and the ground state intraband B(E2) strengths are reported. The results show the pseudo-SU(3) shell model to be a powerful microscopic theory for a description of the normal parity sector in heavy deformed odd-A nuclei.

Cure For Unstable Numerical Evolutions Of Single Black Holes: Adjusting The Standard Adm Equations In The Spherically Symmetric Case, Bernard Kelly, Pablo Laguna, Keith Lockitch, Jorge Pullin, Erik Schnetter, Deirdre Shoemaker, Manuel Tiglio

Faculty Publications

Numerical codes based on a direct implementation of the standard Arnowitt-Deser-Misner (ADM) formulation of Einstein's equations have generally failed to provide long-term stable and convergent evolutions of black hole space-times when excision is used to remove the singularities. We show that, for the case of a single black hole in spherical symmetry, it is possible to circumvent these problems by adding terms involving the constraints to the evolution equations, thus adjusting the standard ADM system. We investigate the effect that the choice of the lapse and shift has on the stability properties of numerical simulations and thus on the form …

Do We Know What We Think We Know About Winter Ranges Of Migrants To South America? The Case Of The Veery (Catharus Fuscescens), P. C. Stouffer

Faculty Publications

No abstract provided.

Differential Detection Of Bartonella Species And Strains In Cat Scratch Disease Diagnostics By Polymerase Chain Reaction Amplification Of 16s Ribosomal Rna Gene, Ronald A. Tapp, Alma F. Roy, Richard E. Corstvet, Vincent L. Wilson

Faculty Publications

Cat scratch disease (CSD) has been difficult to diagnose in animals because of the protracted clinical course of infection and the quiescent phases when the microbial culprit lies dormant. The causative agent in CSD appears to be multiple species and strains of Bartonella. Using polymerase chain reaction (PCR) techniques for amplification of highly variable regions of the 16S ribosomal RNA (rRNA) gene sequence, a very sensitive species- and strain-specific assay for CSD-causing Bartonella species was developed. PCR primers were designed to specifically amplify the 16S rRNA gene of Bartonella species but not of other microbial pathogens. This initial PCR was …

Soliton Excitations As Emitted Clusters On Nuclear Surfaces, R. A. Gherghescu, A. Ludu, J. P. Draayer

Faculty Publications

This work reports on calculations of the deformation energy of a nucleus for nonlinear deformations. The working hypothesis is that, beyond the usual linear approximation, the nonlinear analysis yields soliton solutions moving on its surface. The potential barrier against the emission of a soliton is calculated within the macroscopic-microscopic method. The outer turning point of the barrier determines limitations on the geometrical and kinematical parameters for the formation of a surface soliton. For large asymmetry, the two-centre shell model is used to assign a structure to the soliton. Calculations for ²⁴⁸No with the emission of a ⁴⁰Ca soliton …

Self-Assembly Of A Bis-Urea Macrocycle Into A Columnar Nanotube, Linda S. Shimizu, Mark D. Smith, A. D. Hughes, Ken D. Shimizu

Faculty Publications

A bis-urea macrocycle 1 was synthesized and shown to form extended nanotubular columns byX-ray crystallography.