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The Problem with Direct Collateral Review
Get PDFFederal habeas review of state convictions is sharply circumscribed for a reason: Granting the writ of habeas corpus disrupts the federalism and finality interests that lie at the heart of state sovereignty over criminal law. Both the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Supreme Court’s equitable bars to relief reflect the structural dangers inherent in collateral review of state convictions. Given the increasing unavailability of federal habeas relief, state prisoners have turned to another vehicle for collateral federal review, one that bypasses AEDPA’s demanding standard: direct review of state post-conviction proceedings. And regrettably, the Court has entertained this AEDPA arbitrage in recent years. This Essay explains why there is no principled reason to treat the Supreme Court’s direct collateral review differently from federal habeas review of state convictions. Direct collateral review constitutes an intrusion into state sovereignty identical to that of habeas relief, but without the guardrails that attend habeas review. The Court should either decline to grant certiorari in such cases or apply AEDPA deference when it does. To do otherwise countenances a breathtaking arrogation of power to the Supreme Court at the expense of the interests protected by AEDPA. The Court should close this finality-busting loophole
Interpreting Ethics Rules
Get PDFThis Article explores the interpretation of ethics rules through the prism of two rules that have been the subject of ongoing controversy and contention: Rule 4.2, the “no-contact” rule, which prohibits a lawyer from communicating with a represented client absent the consent of that client’s lawyer, and Rule 8.4(g), which prohibits various forms of discrimination and harassment. Each of these rules provides a model for a wider examination of different interpretive approaches to ethics rules, grounded in different attitudes toward the features and functions of ethics codes. Specifically, the debate revolving around Rule 4.2 illustrates competing approaches to interpreting a rule that appears clearly articulated but, if applied as stated, would defy the similarly clear purpose of the rule, while Rule 8.4(g) has elicited sharply contrasting approaches to the interpretation and application of broadly articulated ethics rules. The Article concludes that, while divisions over the interpretation of ethics rules may not prove inherently problematic, the relative lack of attention to the examination of interpretive approaches to ethics rules remains striking, particularly in light of the central role of the rules both in the regulation of lawyers and as expressions of the ethical norms of the legal profession. Thus, without expecting or proposing uniformity, the Article represents an effort to promote further discussion and consideration of interpretive attitudes and approaches to ethics codes and ethics rules, encompassing issues of vital importance to the legal community
Decentralizing Utopia: An Interpretive Ethnography of the Cultural Liturgies of the Catholic Worker Movement (Preliminary)
No full textThis undergraduate thesis in political science of the Catholic Worker Movement in Los Angeles, California, seeks to contribute to the primitive lexicon of [(post-)modern] anarchist anthropologies and the ongoing discovery of radical alternative utopian communities in real-time. In order to formulate a nuanced, context-situated understanding of religious alternatives to capitalism, secularism, and the secularization of politics from the bottom up, this research employs interpretive (post-colonial) ethnographic methods of participant observation and semi-structured interviews to critically examine and constructively evaluate the thick descriptions of the cultural liturgies and emancipatory social practices that orient the vision of the Catholic Worker House and Hippie Kitchen. Moreover, in doing so, I employ the hermeneutic and utopian account of religious communities outlined by David Albertson and Jason Blakely, drawing upon Thomas More\u27s writings. The result is a new form, contribution to the normative discourse on personalism, mutualism, and (spiritually) engaged withdrawal toward the creative construction of an integrative anarchism(s), an alternative subfield within the broader evaluation of (Christian) anarchist social theory, anthropological observation, and communities of imaginative, experimental praxis
Black Voting Patterns: Do Voters Vote for Black Women?
No full textThe United States Congress is meant to be an establishment that represents the U.S. population within the government. With 7.7% of the population being Black women, their existence as less than 1% of our congressional branch is puzzling. Previous scholarship on voter turnout and congressional representation focus on the overall representation of a minority population without reference to the potential impact gender might also play. I leverage election data from the 112th Congress to the 118th as well as voter turnout records to answer the following questions: What is the differential impact of gender on voter turnout for Black candidates for the United States Congress? Is there a racialized gender differential between Black men and women within Congressional elections? Through linear regression analysis I found voter turnout increases when a woman is on the ballot, and it decreases when there is a Black man. However, for Black women, the increase in turnout for being female and the decrease for being Black cancel out and there is no change in voter turnout. This research will address the impact of race and gender on voter turnout and aim to better understand the racial and gender makeup of the United States Congress
A Friend in a High Place: Social Support and Its Moderating Effect on the Association Between Negative Interpersonal Interactions and Ambulatory Blood Pressure
No full textBackground: Studies have found an association between negative social interactions (i.e., interactions perceived as unpleasant or unfair; Andersson & Pearson, 1999) and ambulatory blood pressure (ABP). However, few have investigated the effects of day-to-day negative interpersonal interactions on ABP. Moreover, moderators underlying this relationship are underexplored.
Objective: This study aimed to examine the association between momentary negative interpersonal interactions and ABP. Social support was tested as a moderator.
Methods: A sample of 53 healthy African American emerging adults completed a baseline survey (including the Social Provisions Scale; Cutrona & Russell, 1987), four days of ABP monitoring, and four days of hourly ecological momentary assessment (EMA) in which they reported on various aspects of their social interactions.
Results: Mixed modeling controlling for age, gender, income, and ABP momentary covariates (posture, temperature comfort, movement) found that the association between negative social interactions and ABP was moderated by perceived baseline social support (systolic ABP p = .004 and diastolic ABP p = .005). For diastolic ABP, negative social interactions did not influence the ABP of those who reported having high social support but marginally increased the ABP of those who reported having low social support (b = 0.87, p = .053). For systolic ABP, negative social interactions did not influence the ABP of those who reported having low social support but decreased the ABP of those who reported having high social support (b = -1.65, p = .012).
Conclusions: As expected, increasingly negative interpersonal interactions are associated with higher diastolic ABP. Unexpectedly, we found that more negative interpersonal interactions are associated with lower systolic BP among those with high social support. To better understand the mechanisms underlying this discrepancy, we recommend exploring other psychosocial factors that may moderate the relationship between interpersonal interactions and ABP
Alyosha the Christian Hermeneut
Get PDFPresentation Abstract: Alyosha as the Christian Hermeneut
This presentation is adapted from my essay Alyosha as the Christian Hermeneut, written under the supervision of Dr. Paul Contino. In the essay, I gave an analysis of the character Alyosha in Dostoyevsky’s The Brothers Karamazov, in light of Merleau-Ponty’s phenomenology, Hans-Georg Gadamer’s hermeneutics, and Dr. Contino’s book on Incarnational Realism. I discussed how Alyosha adapts from an inexperienced Christian disciple to a mature interpreter capable of conducting the hermeneutical fusion of horizons with different horizons. Within this capability, Alyosha develops his unique Christian horizon, enabling him to understand and reconcile the conflicts and tensions of his people. I begin in part one, however, by pointing out Alyosha’s lack of a horizon in the book\u27s first half. I applied Merleau-Ponty’s Gestalt theory and argued that Alyosha cannot see the holistic picture of the secular world he lives in. In part 2, I indicate that the Cana of Galilee miracle is Alyosha’s maturing moment, as he not only sees his limitations but knows how to turn his limitations to conduct the fusion of horizons. I gave one detailed analysis for each of the three characters, each of whom Alyosha helped with the fusion of horizons. I conclude that the novel\u27s ending can be seen as a holistic picture where children, as the future hope, embrace an essential moment in their lives together
Studying the behavior of supersymmetric systems using binary arithmetic and computers.
No full textStudying supersymmetric equations can be difficult. One way that simplifies this is by using existing techniques or representing the equations with graphs. These graphs are known as Adinkras. Adinkras help us see a complete set of equations. Finding Adinkras becomes increasingly more difficult as the equations grow in size. To address this we have tried to apply computational methods to generating Adinkras. This was done by using binary numbers and modular arithmetic to generate the different components of Adinkras. This will allow for the generating of Adinkras that would be too difficult to do by hand. By doing this we hope to better understand the structures these equations produce beyond the limits of manual exploration. Currently the program is limited by the information lost by representing the data structures with binary. In the future we hope to advance the study of adinkras using computers and find new structures to categorize