1,720,954 research outputs found
“A Tale of National Disgrace”: Applying the Doctrine of Unconscionability to Establish the Impermissibility of Secret Non-Prosecution Agreements
No full textCrime victims are directly harmed by crime and therefore have a stake in, and should be treated as individual participants in the criminal justice process. In recognition of this, Congress passed the Crime Victims’ Rights Act (“CVRA”) in 2004 to enumerate specific rights afforded to crime victims, including the rights to confer with the prosecutor in the case, to be heard at public court proceedings involving a plea or sentencing, to be informed in a timely manner of a plea bargain or deferred prosecution agreement, and to be treated with fairness and respect. Whether the CVRA extends these rights to victims prior to the formal filing of charges is unclear, but since a great deal of criminal cases never lead to charges being filed, many victims are not protected if these rights are not afforded to them during the investigation stage. The consequences of this ambiguity are exemplified by the now infamous 2007 secret non-prosecution agreement (“NPA”) between Jeffrey Epstein and the United States Attorney’s Office for the Southern District of Florida (“USAO,”) in which the USAO agreed to forego federal prosecution of Epstein for sexually abusing more than thirty minor girls in exchange for Epstein pleading guilty to two minor state charges. The existence of the NPA was kept secret from Epstein’s victims for over a year after it was signed. Although the victims subsequently commenced litigation seeking rescission of the NPA on the grounds that the USAO violated their CVRA rights when it concealed the agreement, they were denied the relief they sought. The Eleventh Circuit Court of Appeals ultimately held that since the government never filed federal charges, the victims did not have standing to sue. Accordingly, the secret NPA deprived Epstein’s victims of their CVRA rights and of the opportunity see Epstein held accountable for his criminal conduct. This Note applies the contract doctrine of unconscionability to NPAs entered into in the absence of victim notification and consultation. It argues that principles of unconscionability are inherent in secret NPAs, and thus such agreements should be deemed unenforceable and subject to rescission. To this end, Congress must amend the CVRA to strengthen protections for crime victims and make clear that those protections attach prior to the filing of formal charges. Doing so would ensure that the disgraceful outcome of the Epstein case is not repeated
“A Tale of National Disgrace”: Applying the Doctrine of Unconscionability to Establish the Impermissibility of Secret Non-Prosecution Agreements
Full text linkCrime victims are directly harmed by crime and therefore have a stake in, and should be treated as individual participants in the criminal justice process. In recognition of this, Congress passed the Crime Victims’ Rights Act (“CVRA”) in 2004 to enumerate specific rights afforded to crime victims, including the rights to confer with the prosecutor in the case, to be heard at public court proceedings involving a plea or sentencing, to be informed in a timely manner of a plea bargain or deferred prosecution agreement, and to be treated with fairness and respect. Whether the CVRA extends these rights to victims prior to the formal filing of charges is unclear, but since a great deal of criminal cases never lead to charges being filed, many victims are not protected if these rights are not afforded to them during the investigation stage. The consequences of this ambiguity are exemplified by the now infamous 2007 secret non-prosecution agreement (“NPA”) between Jeffrey Epstein and the United States Attorney’s Office for the Southern District of Florida (“USAO,”) in which the USAO agreed to forego federal prosecution of Epstein for sexually abusing more than thirty minor girls in exchange for Epstein pleading guilty to two minor state charges. The existence of the NPA was kept secret from Epstein’s victims for over a year after it was signed. Although the victims subsequently commenced litigation seeking rescission of the NPA on the grounds that the USAO violated their CVRA rights when it concealed the agreement, they were denied the relief they sought. The Eleventh Circuit Court of Appeals ultimately held that since the government never filed federal charges, the victims did not have standing to sue. Accordingly, the secret NPA deprived Epstein’s victims of their CVRA rights and of the opportunity see Epstein held accountable for his criminal conduct. This Note applies the contract doctrine of unconscionability to NPAs entered into in the absence of victim notification and consultation. It argues that principles of unconscionability are inherent in secret NPAs, and thus such agreements should be deemed unenforceable and subject to rescission. To this end, Congress must amend the CVRA to strengthen protections for crime victims and make clear that those protections attach prior to the filing of formal charges. Doing so would ensure that the disgraceful outcome of the Epstein case is not repeated
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
Author-wise bibliometric analysis based on entropy.
No full textAuthor-wise bibliometric analysis based on entropy.</p
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