1,720,979 research outputs found
Rethinking Schneckloth v. Bustamonte
No full textWhy provide warnings to criminal suspects subject to custodial interrogation, but decline to require that citizens be informed of their right to refuse consent? And a related question: why did the Schneckloth majority opinion’s author, Justice Stewart, go so far as to assert that administering a right to refuse consent warning would be “thoroughly impractical”? This piece argues that Schneckloth should be overruled in light of dramatic changes in politics and our factual understanding of consent searches
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe 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
Get PDF“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
Get PDFWe 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
Nuremberg Lives on: How Justice Jackson\u27s International Experience Continues to Shape Domestic Criminal Procedure
No full textThe end of Germany’s participation in World War II came with its formal surrender on May 8, 1945. After extensive debate over what would become of top Nazi leaders, twenty-two Nazi defendants were tried and nineteen were ultimately convicted after 216 days of trials held in Nuremberg spread across eleven months between November 1945 and 1946. Associate Supreme Court Justice Robert H. Jackson took a leave of absence from the Court to lead the trial’s prosecutorial effort. Decades of scholarship have considered and evaluated the Nuremberg trials alongside Jackson’s role in them. But no article has evaluated how Justice Jackson’s experience as Nuremberg Chief Prosecutor shaped his view of domestic criminal procedure issues when he returned to the Court after the Nazi trials. This Article makes two arguments: first, that Justice Jackson’s experience as Chief Prosecutor at Nuremberg transformed his thinking about domestic criminal procedure. Second, the Article asserts that Jackson’s transformative Nuremberg experience remarkably continues to impact — even today — the law on search and seizure, confessions, and right to counsel. More than a handful of his post-Nuremberg opinions remain consistently cited by lower courts and the Supreme Court alike. Accordingly, this Article concludes, Nuremberg did more than affect international criminal law. Given that so many of Jackson’s post-Nuremberg opinions continue to impact everyday citizens, the famous war criminals trial that happened more than fifty years ago remains modernly — and domestically — relevant
The Historical Case for Abandoning Strickland
No full textEven the Justices considering Strickland v. Washington knew. “[T]his is a big case,” Justice Powell handwrote on the first page of his law clerk’s bench memorandum. Although designed to provide the Sixth Amendment benchmark for effective defense attorney representation, Strickland was an utter failure. Courts nationwide have relied on Strickland to uphold as constitutional criminal defense attorney conduct that includes sleeping through portions of trial, remaining completely silent during the proceedings, mental illness, alcohol use, and drug use - among other troubling examples. The bench, bar, and scholars alike have therefore uniformly proposed reforming the Strickland standard.But no article has looked back to ask a more basic question: why? Why did the Court spend from 1956-1969 expanding indigent access to justice - particularly in the right to counsel area - only to so aggressively reverse course in Strickland. And a related question: why did the opinion’s author, Justice O’Connor, go so far as to apply the new Strickland standard to the facts of David Washington’s case?This Article makes two arguments: first, that Strickland is best understood as a backlash case; that is, a case designed to radically recede away from the Warren Court’s more broadly conceived Sixth Amendment. Second, the Article asserts that by applying the new Sixth Amendment standard to the facts in Part V of Strickland, Justice O’Connor undermined - perhaps even deliberately - what could have been a standard far more demanding of defense attorneys. Properly understanding Strickland in this broader historical context reveals new and previously undiscovered reasons for the current Court to demand more from criminal defense representation
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe 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
Equal Sentences for Unequal Participation: Should the Eighth Amendment Allow All Juvenile Murder Accomplices to Receive Life Without Parole?
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