The Fourth Circuit\u27s Doube-Edged Sword : Eviscerating the Right to Present Mitigating Evidence and Beheading the Right to the Assistance of Counsel

Even before the sea change of Gideon v. Wainwright, the Supreme Court recognized not only an indigent’s right to the assistance of counsel in capital cases, but also his right to the effective assistance of counsel in capital cases. Since those auspicious beginnings, the Court has dramatically broadened the right to present mitigating evidence in the sentencing phase of a capital trial, thereby increasing the need for the guiding hand of counsel in capital sentencing. Thus, it is particularly tragic that the Fourth Circuit’s swiftly evolving approach to the prejudice prong of the ineffective assistance of counsel standard precludes capital defendants from winning ineffective assistance of counsel claims in the very cases where informed and effective assistance would have been most likely to have made a difference. According to the Fourth Circuit, all psychologically based mitigating evidence is a “two-edged sword,” because “although ‘evidence of a defendant’s mental impairment may diminish his blameworthiness for his crime,’ it also may ‘indicate that there is a probability that he will be dangerous in the future.” Thus for habeas petitioners in the Fourth Circuit, the possibility, however remote, that a jury would focus on dangerousness rather than culpability precludes ever winning an ineffective assistance of counsel based upon the failure to present psychologically-based mitigating evidence, no matter how compelling the neglected evidence is, or how derelict counsel was in failing to present that evidence. As this Article will demonstrate, the double-edged sword doctrine is wrong-headed in several respects. This Article hopes to persuade the reader that despite its newness, it is a doctrine already ripe for overruling—or reversal, if necessary. Part I briefly describes the capital defendant’s right to have available mitigating evidence presented to the sentencing body; the real dimensions of this right can properly be understood only by considering both the breadth of the abstract right to present mitigating evidence and the limitations imposed by the interaction of that right with the ineffective assistance of counsel doctrine. Part II describes how the Fourth Circuit’s double-edged sword doctrine departs from established doctrine and diminishes established rights. Part III presents the conceptual and empirical fallacies of the Fourth Circuit’s approach

Celebrating Diversity through Spirituality in the Workplace: Transforming Organizations Holistically

Managing diversity effectively is the key to attract and retain a productive workforce. Research demonstrates that celebrating diversity leads to greater productivity, increased creativity, and heightened morale and motivation. Organizations often benefit from the differing perspectives and rich experiences a diverse workforce provides. Similarly, organizations can enhance their creativity by encouraging diverse perspectives and opinions. Thus, issues of managing diversity, valuing diversity, and celebrating diversity have assumed added importance. This paper suggests that diversity is not a problem, but rather a solution to most of the challenges organizations face such as employee engagement and participation. Managing workforce diversity effectively transcends meeting a company’s legal requirements and complying with equal opportunity and non-discrimination regulation. Leaders need to understand and deal constructively with their own biases and prejudices that hinder diversity. Celebrating diversity is the extension of healthy spirituality that leads us to celebrate our differences and view diversity as different manifestations of the underlying Unity that permeates every phenomenon. This paper discusses key advantages of celebrating diversity, pinpoints barriers to organizational diversity, and offers some perspectives to overcome barriers to inclusiveness

Technology Change: Sources and Impediments

There is little doubt that technology change, both in terms of its process and quality dimensions, represents the principal driving force to explain comparative economic performance at both micro and macro levels. This paper examines the sources of technology change and the impediments to the full realization of its opportunities, both abstractly and in the context of a comparison among six typologically diverse developing countries. Among the external sources, we examine the roles of trade, foreign patents and FDI; among the internal sources we examine the roles of investment, domestic R&D, domestic patents, S&T personnel and secondary education alternatives. Among impediments, we analyze certain public and private policy frameworks which tend to impede the realization of technological opportunities. We detect some reasons for the better TFP performance of the East Asian in comparison with the Latin American countries.Development, Technological Change

On the political economy of trade restraints

A defense of free trade resting on the argument that although private markets do not function perfectly, allocating resources through the political arena poses a far greater threat to individual freedom and economic performance than do market imperfections.Free trade

Symbiots: Conceptual interventions into energy systems

Symbiots set out to examine values such as ease-of-use, comfort, and rationality assumed within conventions of ‘good design’, in order to expose issues related to energy consumption and current human- (versus eco-) centered design paradigms. Exploring re-interpretations of graphical patterns, architectural configurations and electrical infrastructure typical in Swedish cities, Symbiots takes the form of a photo series in the genre of contemporary hyper-real art photography. Painting a vivid picture of alternatives to current local priorities around energy consumption, the three design concepts depicted are strangely familiar, alternatively humorous and sinister

A dynamic perspective on diverse teams: Moving from the dual-process model to a dynamic coordination-based model of diverse team performance

The existing literature on diverse teams suggests that diversity is both helpful to teams in making more information available and encouraging creativity and damaging to teams in reducing cohesion and information sharing. Thus the extant literature suggests that diversity within teams is a double-edged sword that leads to both positive and negative effects simultaneously. This literature has not, however, fully embraced the increasing calls in the broader groups literature to take account of time in understanding how groups function (e.g., Cronin, Weingart, & Todorova, 2011). We review the literature on diverse teams employing this lens to develop a dynamic perspective that takes account of the timing and flow of diversity’s effects. Our review suggests that diversity in groups has different short-term and long-term effects in ways that are not fully captured by the dominant double-edged sword metaphor. We identify an emerging perspective that suggests a tropical depression metaphor—that has the potential, over time, to develop either into a dangerous hurricane or diffuse into a rainstorm that gives way to sunshine, as more apt to capture the dynamic effects of diversity in teams. We conclude by outlining an agenda for redirecting future research on diverse teams using this more dynamic perspective