Oculomotor examination of the weapon focus effect: does a gun automatically engage visual attention?

A person is less likely to be accurately remembered if they appear in a visual scene with a gun, a result that has been termed the weapon focus effect (WFE). Explanations of the WFE argue that weapons engage attention because they are unusual and/or threatening, which causes encoding deficits for the other items in the visual scene. Previous WFE research has always embedded the weapon and nonweapon objects within a larger context that provides information about an actor's intention to use the object. As such, it is currently unknown whether a gun automatically engages attention to a greater extent than other objects independent of the context in which it is presente

Restoring the Balance: The Second Amendment Revisited

In this article, the Second Amendment is analyzed through a discussion of the history of the right to private arms under English common law, the Second Amendment\u27s legislative history and context, and the United States Supreme Court\u27s decision in United States v. Miller. The articles argues that the private right of keeping arms plays a fundamental role in the constitutional system of checks and balances and that the Second Amendment supports the twin goals of individual and collective defense against violence and aggression. The article concludes that efforts to limit firearms possession to the organized militia undermines these twin goals and that the theories behind such efforts do not withstand constitutional history

Berkemer Revisited: Uncovering the Middle Ground Between Miranda and the New Terry

Over the past twenty-five years, appellate courts have significantly expanded the scope of police authority to stop and frisk potential suspects without probable cause, a power originally granted to law enforcement by the Supreme Court in Terry v. Ohio. This development has led Terry’s once limited licensing of police searches to run into conflict with a defendant’s right against compulsory self-incrimination while in police custody, as articulated by Miranda v. Arizona. This Note explores the contours of this unforeseen collision between two core constitutional doctrines and the solutions generated by appellate courts to resolve the conflict. Courts today are generally divided as to whether Miranda should apply during a valid, but intrusive Terry stop. This Note argues that a distinct overlap now exists between Miranda and Terry; one that should compel courts to invoke Miranda where police detain and question a suspect in a manner analogous to custodial interrogation. However, this Note also stresses that courts should be vigilant in enforcing the public safety exception to Miranda, particularly in light of Terry’s inherent unpredictability and extemporaneous nature

Electron-beam-sustained discharge revisited - light emission from combined electron beam and microwave excited argon at atmospheric pressure

A novel kind of electron beam sustained discharge is presented in which a 12keV electron beam is combined with a 2.45GHz microwave power to excite argon gas at atmospheric pressure in a continuous mode of operation. Optical emission spectroscopy is performed over a wide wavelength range from the vacuum ultraviolet (VUV) to the near infrared (NIR). Several effects which modify the emission spectra compared to sole electron beam excitation are observed and interpreted by the changing plasma parameters such as electron density, electron temperature and gas temperature.Comment: 10 pages, 9 figure

From Individual to Collective Responsibility: There and Back Again

This chapter argues that in cases in which a (non-institutional) group is collectively causally responsible and collectively morally responsible for some harm which is either (i) brought about intentionally or (ii) foreseen as the side effect of something brought about intentionally or (iii) unforeseen but a nonaggregative harm, each member of the group is equally and as fully responsible for the harm as if he or she had done it alone

Assessing New York City's Youth Gun Violence Crisis: Crews - Volume II - CompStat for Violence Prevention Programs: Collecting Program Specific Data to Manage Performance and Inform Policy

The success or failure of community strategies to address the youth gun violence crisis is often attributed in part to how well the problem is understood and diagnosed. With support from The New York Community Trust, the Crime Commission has undertaken an analysis of youth gun violence and crew activity -- violent turf rivalries among less-organized, smaller and normally younger groups than traditional gangs -- in select New York City communities. Our initial findings from available data, existing research and interviews with stakeholders are presented in a series of papers titled, "Assessing New York City's Youth Gun Violence Crisis: Crews.

IPOs and the Slow Death of Section 5

Since its enactment, Section 5 of the Securities Act of 1933 has restricted sales-based communications with investors, but that effort is nearly dead even with respect to the most sensitive of offerings, the IPO. Our paper traces that devolution, which began almost as soon as the ’33 Act came into existence, though the SEC’s 2005 deregulatory reforms and Congress’ intervention in the JOBS Act of 2012. We show how much of this related to an embrace of “book-building” as the industry’s preferred method of price discovery, which requires private two-way communications between underwriters and potential sophisticated investors. But book-building (and the predictable IPO underpricing that results) has a retail dimension as well, and we point to ways in which the otherwise sensible deregulation may enable an over-stimulation of retail investor demand. We then explore two main justifications that have been given for the aggressive deregulation. The first is that any loss in prophylactic protection can be made up for by the threat of liability, particularly with an enhanced Section 12(a)(2). We find this unpersuasive for a variety of reasons. The other—amply visible in the long history of Section 5—is a faith in the “filtration” process, that retail investors gain protection because of the availability of the preliminary prospectus during the waiting period, to those involved in the selling process if not the investors themselves. Putting aside the biased incentives that affect filtration, much of what is most important—and conveyed privately to the institutions in the course of book-building—is forward-looking information that probably need not appear in the formal disclosure, whether preliminary or final. None of this is an argument for returning to the old prophylactics of Section 5. But it is cause for the SEC and FINRA to pay close attention to the retail investor effects of the IPO selling practices, especially in the post-JOBS Act era

“It was not Death” : The Poetic Career of the Chronotope

As Bakhtin noted, chronotopes arise from the density and fusion of temporal and spatial indicators. In prose narrative, the density of temporal and spatial indicators arises as a natural consequence of setting scenes and explaining action, and those indicators are fused by the centripetal forces of plot, character and so on that encourage us to read the various elements of the text as aspects of a coherent story and world. In non-narrative poetry, however, there is no story to drive the setting of scene or generation of character; there may not even be scene or character. As a result, temporal and spatial indicators can be quite sparse, and there may be little centripetal force to encourage their fusion. In a textual environment bereft of character, plot, scene, in which even the centripetal forces of syntax are frayed by linebreaks and other poetic devices, how can chronotopes form and function? [...] In the centripetal environment afforded by most prose narratives, the stable chronotopes and the relationships among them define consciousness, world and values. In the centrifugal environment of non-narrative poetry, chronotopes flicker and flow in a series of hints, glimpses, dissolves, defining consciousness, world and values via evanescence rather than stability. However, as I hope to show below, the evanescence of chronotopes in non-narrative poetry can be as central to the vitality and meaning of those texts as the stability of chronotopes is to the vitality and meaning of prose narratives

Contaminated Confessions Revisited

A second wave of false confessions is cresting. In the first twenty-one years of post-conviction DNA testing, 250 innocent people were exonerated, forty of which had falsely confessed. Those false confessions attracted sustained public attention from judges, law enforcement, policymakers, and the media. Those exonerations not only showed that false confessions can happen, but did more by shedding light on the problem of confession contamination, in which details of the crime are disclosed to suspects during the interrogation process. As a result, false confessions can appear deceptively rich, detailed, and accurate. In just the last five years, there has been a new surge in false confessions — a set of twenty-six more false confessions among DNA exonerations. All but two of these most recent confessions included crime scene details corroborated by crime scene information. Illustrating the power of contaminated false confessions, in nine of the cases, defendants were convicted despite DNA tests that excluded them at the time. As a result, this second wave of false confessions should cause even more alarm than the first. In the vast majority of cases there is no evidence to test using DNA. Unless a scientific framework is adopted to regulate interrogations, including by requiring recording of entire interrogations, overhauling interrogation methods, providing for judicial review of reliability at trial, and informing jurors with expert testimony, the insidious problems of confession contamination will persist

Alaska: North to the Future of Federal Marijuana Regulation

The personal freedom Alaskans not only expect, but rely upon, exposes a significant need for federal cooperation in the reformation of marijuana laws, including the removal or reclassification of marijuana in the Controlled Substances Act. This Comment summarizes this issue in light of Alaska’s recent recreational marijuana legalization. In doing so, elements unique to Alaska and their likely influence on the state\u27s upcoming marijuana legislation; the history and evolution of Alaska marijuana laws; and the scholarly literature on Alaska marijuana law regarding the tensions between federal and state marijuana regulation are discussed. This Comment proposes that marijuana be removed from the Controlled Substance Act and that the federal government take a page out of Alaska\u27s book in setting up a new marijuana regulatory system by shifting oversight of marijuana regulation from the Drug Enforcement Administration to the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Such a solution could provide for consistency among the continuing emergence of state recreational marijuana laws while still allowing each state to properly police itself on the basis of its unique needs