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The Innocence Standard: Supreme Court Nominees and Sexual Misconduct
No full textShould the United States Senate allow judicial nominees who have been credibly accused of sexual misconduct to be seated on the Supreme Court? How should we handle these allegations when they arise during the vetting process? Despite the importance of these questions, lawmakers have failed to address them.
The contentious Clarence Thomas hearings in 1991 featured testimony from Professor Anita Hill and did much to raise Americans’ awareness about the prevalence of sexual misconduct in the workplace. Although Professor Hill subsequently called for the Senate to implement a process for addressing future sexual misconduct allegations against Supreme Court nominees, her calls have gone unheeded. Twenty-seven years later, Brett Kavanaugh’s confirmation hearings again placed the issue of sexual misconduct squarely before the Senate. Despite these fraught events, we are still waiting for the Senate to embrace Professor Hill’s challenge to create a suitable process for addressing sexual misconduct allegations made against Supreme Court nominees.
This Article uses the Thomas and Kavanaugh hearings to explore what the absence of such a process has cost us and why reform is necessary. The Article offers a model for reform based upon sexual assault investigation best practices. It also proposes a standard for use in evaluating sexual misconduct allegations against Supreme Court nominees—what I term the Innocence Standard. Under this standard, successful SCOTUS nominees must be innocent beyond a reasonable doubt of any sexual misconduct
The Perilous Focus Shift from the Rule of Law to Appellate Efficiency
No full textWe should be wary of reforms that are attractive in terms of saving time but have unnoticed substantive effects. . . . The great end for which courts are created is not efficiency. It is justice.
Charles Alan Wright (1966)1
Some of the most significant—and by some estimations the most controversial— transformations of the federal appellate system occurred in the late 1960s and 1970s. Many of the effects are still felt today, including the shift from oral argument for all appeals and the view that study and disposition of each appeal were exclusively judicial tasks, to the adoption of a tiered appellate system where the great majority of appeals receive no oral argument and instead receive summary disposition often involving staff attorneys. These transformative internal efficiency procedures have been the subject of intense debate. Proponents have praised their efficiency and ability to avoid a backlog while critics complain that the procedures created a bureaucratic appellate process—rather than one focused on justice—and instituted an inequitable multi-tiered process that particularly disadvantages novice and unrepresented litigants. This Article employs a previously unexplored approach to assess the merit of this transformed appellate structure. It argues that the foundation of circuit courts’ case management procedures—focusing on oral argument screening and reliance on staff attorneys—rests on an irreplicable and inapplicable model. The reforms arose in the unique context of a circuit defensively fending off a circuit split and that had shifted its focus to appellate efficiency instead of retaining its prior emphasis on rule-of-law enforcement.
This Article examines the formative first mover on these central efficiency reforms that had national ramifications: the Fifth Circuit, which was the largest and most docket-heavy circuit. The then six-state Fifth Circuit initiated screening of each appeal to determine if it merited oral argument, placing no-oral-argument cases on a summary calendar for disposition, issuing a one-word affirmance without an opinion, creating the position of staff attorney, and subsequently increasing reliance on staff attorneys for screening and dispositional tasks.
This Article adds three previously unexamined or underexamined central facets to the debate concerning the use of these internal case processing procedures that continue to structure federal appeals: (1) recognizing the Fifth Circuit’s influence as the initiator and selector of the reform structure adopted by circuit courts nationally, (2) contending that the Fifth Circuit structure of internal efficiency reforms was an incorrect model for replication based on its unique experience as the subject of an ongoing and divisive battle concerning a potential circuit split and fights over the court’s judicial appointments, which shaped the internally focused, defensive, and narrow structure of its reforms, and (3) appreciating how Fifth Circuit judges’ laudable approach and attitude towards procedural innovation in the 1950s to 1970s in civil rights jurisprudence to ensure compliance with Brown v. Board of Education informed how the Court shaped its internal efficiency reforms. The Article thus proposes a reconsideration of the foundational structure of the circuit courts’ internal management processes, which relies on well-worn practices of broad screening and heavy use of staff attorneys. Instead, the Article encourages consideration of a broader array of reform possibilities with the primary aim of promoting justice instead of the lesser goal of judicial efficiency.
1Charles Alan Wright, The Federal Courts—A Century After Appomattox, 52 A.B.A. J. 742, 747 (1966)
Hilbert Reciprocity over Number Fields
No full textA Hilbert symbol has the value 1 or −1 depending on the existence of solutions to a certain quadratic equation in a local field, R, or C. Hilbert reciprocity states that for a number field F and two nonzero a and b in F, the product of Hilbert symbols associated to a and b at all the places of F is 1. That is, these Hilbert symbols are −1 for a finite, even number of places of F . Hilbert reciprocity when F = Q is equivalent to the classical quadratic reciprocity law, so Hilbert reciprocity in number fields can be considered an extension of quadratic reciprocity to all number fields. This thesis presents a proof of Hilbert reciprocity in all number fields and then uses it to derive a quadratic reciprocity law in three quadratic rings that resembles the quadratic reciprocity law in Z, both in terms of Legendre symbols and Jacobi symbols
Collisional Damping in Plasmonic Wakefield Accelerators
No full textWe investigate the previously proposed role of collisional damping in plasmonic wakefield accelerators. Wakefields driven in a doped semi-conductor will exist in differing regimes dependent on the driving beam’s intensity. At low intensities, the mobility of free carrier electrons is limited. Here, wakefields will be small if the mean free path of an electron is short compared to the quiver amplitude of a free electron. After reaching a threshold intensity, conduction electrons in the semiconductor will be driven to such high speeds that their coulomb cross section will drop sharply. Here the resulting wakes will resemble those in a hollow collision less plasma, with its density equal to that of the conduction electrons in the semiconductor tube. Driving to even higher intensities, the entire tube will be ionized by the charged particle beam’s pulse. Lattice effects and laser drivers are briefly discussed
A UI-Enhanced Approach to Generic Web-Based Scheduling
No full textAdministrative scheduling is a key aspect of a wide variety of systems, but despite being a widespread need, it is not a straightforward task. Organizational uniqueness introduces complexity when attempting to use algorithmic methods to automate scheduling, as individual organizations often have their own ways of determining various details and constraints of a schedule. However, in this paper, we assert that there are relevant commonalities that many different schedules fundamentally possess, allowing us to create a generic scheduling application that can be productively used for as many different scenarios as possible. After devising a schema that captures this generic representation, we expand upon previous efforts of using the genetic algorithm for university scheduling tasks [1] to find valid schedules that adhere to the generic schema. Then, we use React.js, Flask, and MySQL to create a user-facing application that allows users to compute valid schedule instances for their use cases
Integrated Analysis of Economic Optimization and Life Cycle Assessment for a Fully Modular Wheelchair Accessibility Ramp Utilizing Recyclable Materials
No full textIn response to the growing emphasis on sustainability and accessibility in infrastructure development, this research paper delves into the optimization of economic opportunities presented by fully modular wheelchair accessibility ramps. By integrating principles of modularity, recyclability, and circular design, these ramps offer a promising solution to the dual challenges of accessibility and environmental impact. The study employs interdisciplinary methods, merging design, economics, and environmental sustainability, to evaluate the feasibility and potential of these innovative ramp designs. Central to the analysis is the application of a Life Cycle Assessment (LCA) to quantify the environmental impact and carbon footprint associated with modular wheelchair ramps. Results demonstrate the significant environmental benefits of integrating recycled materials, particularly high-density polyethylene (HDPE), into ramp designs.
Furthermore, the paper examines the economic feasibility of modular wheelchair ramps, considering factors such as standard market price, production costs, target market and market dynamics. While initial production costs may be higher, long-term benefits, including durability and recyclability, contribute to economic viability. However, the study acknowledges limitations and underscores the need for further research to explore social impacts, user experiences, and broader material and design variations. Ultimately, this research contributes to the ongoing discourse on inclusive and sustainable infrastructure, advocating for interdisciplinary approaches and continual innovation to meet the needs of diverse populations
The Relationship Between Amygdala and Orbitofrontal Cortex Volume in the Context of Oppositional Defiant Disorder
No full textDisobedient and rebellious attitude in children is on the rise and this type of behavior is categorized as Oppositional Defiant Disorder (ODD). ODD in children can be identified as a persistent pattern of angry or irritable mood, argumentative or defiant behavior or vindictiveness toward others according to the Diagnostic and Statistical Manual (DSM-5, Fifth Edition) of Mental Disorders.1 Children with ODD typically have difficulty regulating and processing their emotions. Issues with regulating emotions is defined as the process by which individuals “influence which emotions they have, when they have them, and how they experience and express them”.2 Dysregulation of emotions is a prevalent symptom seen in many psychiatric and behavior disorders seen in childhood, including ODD.3,4
Oppositional Defiant Disorder is believed to be correlated to the amygdala and orbitofrontal cortex. The amygdala and orbitofrontal cortex are parts of the brain that work together as part of the hot EF pathway to identify emotionally salient stimuli and to organize cognitive and behavioral reactions.5 Attention Deficit Hyperactivity Disorder (ADHD) commonly occurs with ODD and may also be influenced by both brain regions. A meta-analysis of neuroimaging studies found abnormalities in the amygdala as potentially explanatory of ODD.6 Problems in the orbitofrontal cortex are associated with reduced empathy, lack of insight and impaired social judgements, which may have relevance for the presence of ODD.7
This begs the question of what type of correlation exists between the amygdala/orbitofrontal cortex and ODD symptoms. It also begs the question of whether other factors, such as family income, could influence this relationship. The hypothesis of this study is that higher symptoms of ODD will be found in individuals with lower amygdala and orbitofrontal cortex volume than those with higher amygdala and orbitofrontal cortex volumes after accounting for ADHD and demographic factors. In addition, it is hypothesized that higher family income would be associated with higher amygdala and orbitofrontal cortex volume, thus being associated with lower ODD symptoms. Data was utilized from a large randomized control trial of treatment for behavioral problems conducted in Pittsburgh, PA from the Stop Now and Plan (SNAP) program. The data focused on 60 boys from the ages 7-11. Regression tests were conducted through Statistical Package for the Social Sciences (SPSS). Initial bivariate tests were conducted for ADHD, ODD, & Family Income in association with each brain region. Final models examined any variables significant at the individual level. After factoring in ADHD symptoms, neither ODD nor ADHD were significantly associated with amygdala or orbitofrontal volume (p \u3e 0.05 for both). Family income was associated with a larger bilateral orbitofrontal volume. Higher ODD on its own, was significantly associated with smaller orbitofrontal cortex volumes (p \u3c 0.05). However, after controlling for ADHD symptom severity, the association was no longer significant. ODD and ADHD symptoms had to be looked at together due to frequent comorbidity in individuals. Orbitofrontal cortex volume had a significant positive relationship to family income (p \u3c 0.05). Future studies could further examine how nutrition could play a role in the development of the size of these brain regions
3D-Printed Microfluidic Devices for Electrochemiluminescence Detection of miRNA
No full textThis thesis outlines the research conducted over the past two years on the production and application of microfluidic devices (MFDs) in electrochemiluminescent-based bioanalytical assays. The work is categorized into two main projects: designing and manufacturing MFDs and developing electrochemiluminescent (ECL) assays for detecting Alzheimer\u27s disease (AD) associated microRNAs (miRNAs) using CRISPR technology. The process of learning to design MFDs involved acquiring proficiency in computer-aided design (CAD) software, stereolithography (SLA) 3D printing, and iterative design techniques. The development of the ECL-based assay for AD miRNA was a multidisciplinary endeavor, combining elements of inorganic and biological chemistry. Although the research on the development of this assay is still ongoing, this thesis documents the construction, functionalization, and testing processes in detail. It explores the effectiveness of the assay and discusses the optimizations and modifications implemented based on the data collected during testing
The Sabellic Verbal Systems
No full textA brief analysis of the known corpus of verbal forms in Oscan and Umbrian, going over the formation of each form, a speculative full conjugation for each language, and a short comparison to Latin. The Sabellic languages share some innovations from PIE in common with their much more famous cousin, but they also differ in the formation of a few important forms. Both branches have a system of thematic vowels across tenses and aspects, suggesting a purely ornamental function bleached of meaning dating back to Proto-Italic. The future tense is Sabellic is derived from the PIE aorist, rather than PIE subjunctive as in Latin. The perfective is similar in formation overall (suggesting that it has origins in Proto-Italic), but the suffixes used in Sabellic are notably distinct from those in Latin, and only share some overlap between them. The Sabellic past tense is also nearly entirely absent- while Oscan retains a few imperfect forms in a single inscription, Umbrian has none, and neither has a pluperfect, suggesting that the morphological past tense was in the process of being lost in the family and may have only survived dialectally
Use of Cre-Lox Mice as a Model for Ependymogenesis
No full textStem cells in the lateral ventricles of the brain undergo a process of development within the ventricular-subventricular zone. In early development neuroepithelial cells divide to form more neuroepithelial cells or convert to radial glial cells (RGCs). These RGCs, or stem cells, then divide to form neurons or other glial cells such as ependymal cells, which form a single-layered ependyma along the ventricular wall. These stem cells divide in two ways: symmetrically, producing two ependymal cells or asymmetrically, yielding one neural stem cell and ependymal cell. To further study this process the Cre-lox system in mice will be used. By breeding homozygous Cre-Lox and Lox-P mice a transgenic mouse line will be developed to express the Cre recombinase enzyme. This enzyme modifies genes positioned between two LoxP sites. It will be placed downstream from a Nestin promoter, as Nestin is only expressed in stem cells. This ensures that all cells that contain the Cre enzyme will be Nestin+, and therefore cells of interest. Tamoxifen will be used to trigger the Cre-Lox system and label Nestin+ neural stem cells (NSCs), followed by tissue harvesting 24 hours later. The Nestin Cre-lox system allows us to quantify the cell division patterns that lead to the formation of the ependymal lining. This research seeks to deepen understanding of ependymogenesis and neurogenesis during brain development and into adulthood. Insights gained could have implications for understanding diseases that affect the brain\u27s ventricular system, as stem cells play a critical role through their involvement in generating new neurons