1,720,958 research outputs found
The Realignment of Incarcerative Punishment: Sentencing Reform and the Conditions of Confinement
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DNA without Warrant: Decoding Privacy, Probable Cause and Personhood
Get PDFIn Part I, this article explores the challenges to privacy, personhood and probable cause raised by DNA collection as identification sanctioned in Maryland v. King. Part II considers the presumed infallibility of DNA testing that undergirds the Supreme Court\u27s embracement of genetic identification. Lastly, in Part III, this article will try to decipher the Court\u27s Fourth Amendment logic in denying privacy to the information in human cells but embracing them in cell phones in Riley v. Californi
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
Databases, E-Discovery and Criminal Law
Get PDFThe enduring value of the Constitution is the fundamental approach to human rights transcending time and technology. The modern complexity and variety of electronically stored information was unknown in the eighteenth century, but the elemental due process concepts forged then can be applied now. At some point, the accumulation of information surpassed the boundaries of living witnesses and paper records. The advent of computers and databases ushered in an entirely new order, giving rise to massive libraries of factual details and powerful investigative tools. But electronically collected information sources are a double-edged sword. Their accuracy and reliability are critical issues in the hands of prosecutors and their accessibility a hard-won necessity in preparing a defense
Preserving Attorney-Client Confidentiality at the Cost of Another’s Innocence: A Systemic Approach
Get PDFWhen a client admits to her lawyer that she is responsible for a crime that someone else has been charged with, it alters the geometry of the attorney-client relationship. A third party has now entered the room triangulating the lawyer\u27s responsibilities to her client, to the innocent party and to the justice system. The idea of revealing a client\u27s private confession is anathema to lawyers trained to carefully guard their clients\u27 secrets. Fidelity to the client, preservation of confidences, and the right to counsel strongly militate in favor of nondisclosure. On the other hand, an innocent person is facing a wrongful prosecution, incarceration and, in some cases, execution. The pressures to protect the confessing client while at the same time preventing harm to a nonclient from a wrongful conviction are at the heart of a complex ethical and practical conundrum. The ABA Model Rules of Professional Conduct allow discretionary disclosure where the lawyer believes that a third party faces reasonably certain death or substantial bodily harm. And two states have gone so far as to expressly include wrongful incarceration in their exceptions to confidentiality. This Article will look at the ethical pathways and the multilayered constitutional and evidentiary analyses in assessing the propriety, necessity and method of disclosure. Other options will be considered that might avoid forcing an attorney to choose between client loyalty and confidentiality or preserving an innocent nonclient from substantial harm, such as transactional immunity for the confessor. Lastly, a review of the implications for the adjudication of innocence claims and systemic reform will be conducted, along with an examination of the constitutional imperatives surrounding the attorney-client and attorney-justice relationships
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
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