9,085 research outputs found

    Judicial Review Before \u3ci\u3eMarbury\u3c/i\u3e

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    While scholars have long probed the original understanding of judicial review and the early judicial review case law, this article presents a study of the judicial review case law in the United States before Marbury v. Madison that is dramatically more complete than prior work and that challenges previous scholarship on the original understanding of judicial review on the two most critical dimensions: how well judicial review was established at the time of the Founding and when it was exercised. Where prior work argues that judicial review was rarely exercised before Marbury (or that it was created in Marbury), this article shows that it was far more common than previously recognized: there are more than five times as many cases from the Early Republic as the leading historical account found. The article further shows that all of the cases in which statutes were invalidated fell into three categories: courts invalidated statutes that affected the powers of courts or juries, and they did so even when the legislation could plausibly be squared with constitutional text and prior practice; state courts invalidated state statutes for inconsistency with the federal constitution; and federal courts invalidated state statutes, and, again, they did so even when the statutes could plausibly be defended as constitutional. Scholars have missed this structural pattern, and the dominant view has been that only clearly unconstitutional statutes were invalidated. The article shows, instead, that the early case law reflects a structural approach to judicial review in which the level of scrutiny was closely linked to the nature of the challenged statute and that courts aggressively protected their power, the power of juries, and the power of the national government

    Upturn observed in heavy nuclei to iron ratios by the ATIC-2 experiment

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    The ratios of fluxes of heavy nuclei from sulfur (Z=16) to chromium (Z=24) to the flux of iron were measured by the ATIC-2 experiment. The ratios are decreasing functions of energy from 5 GeV/n to approximately 80 GeV/n, as expected. However, an unexpected sharp upturn in the ratios are observed for energies above 100 GeV/n for all elements from Z=16 to Z=24. Similar upturn but with lower amplitude was also discovered in the ATIC-2 data for the ratio of fluxes of abundant even nuclei (C, O, Ne, Mg, Si) to the flux of iron. Therefore the spectrum of iron is significantly different from the spectra of other abundant even nuclei.Comment: 4 pages, LaTeX2e, a paper for 23rd European Cosmic Ray Symposium (2012

    Research in particles and fields

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    Research activities in Cosmic Rays, Gamma Rays, and Astrophysical Plasmas supported under NASA Grant NGR 05-002-160 are discussed. The report is divided into sections which describe the activities, followed by a bibliography. This group's research program is directed toward the investigation of the astrophysical aspects of cosmic rays and gamma rays and of the radiation and electromagnetic field environment of the Earth and other planets. These investigations are carried out by means of energetic particle and photon detector systems flown on spacecraft and balloons

    Researching the use of force: The background to the international project

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    This article provides the background to an international project on use of force by the police that was carried out in eight countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical encounter developed for this project, researchers in each country conducted focus groups with police officers in which they were encouraged to talk about the use of force. The results show interesting similarities and differences across countries and demonstrate the value of using this kind of research focus and methodology

    Project for the analysis of technology transfer Quarterly report, 1 Apr. 1969 - 30 Jun. 1969

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    Patterns, statistical analyses, and case studies of transfer and utilization of NASA generated technolog
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