CONSTITUTIONAL LAW-FIFTH AMENDMENT DUE PROCESS-VAGUE AND INDEFINITE STATUTE-RIGHT TO TRIAL ON QUESTION OF ILLEGAL PRESENCE IN UNITED STATES

Defendant, an alien, against whom an order of deportation had been entered in 1930 by reason of his advocacy of the overthrow of the government by force and violence, was indicted for violation of section 20(c) of the Immigration Act of 1917 as amended, which made it a felony for an alien against whom such an order is outstanding to willfully fail or refuse to make timely application in good faith for travel or other documents necessary to his departure. The lower court dismissed the indictment on the ground that the statute in question was unconstitutionally vague and indefinite for failure to specify the nature of the travel documents necessary for departure and for failure to indicate to which country or to how many countries the alien should make application. On appeal, held, reversed. The statute on its face meets the constitutional test of certainty and definiteness. The court will not decide whether the statute is unconstitutional on the ground that it afforded defendant no opportunity to have the court which tried him pass on the validity of his deportation order because the defendant did not raise, brief or argue that question. United States v. Spector, 343 U.S. 169, 73 S.Ct. 591 (1952)

Remote judging: The impact of video links on the image and the role of the judge

© Cambridge University Press 2018. Judges perform an important role on behalf of society, as impartial decision-makers, interpreting and applying the law, presiding over courtrooms and ensuring a fair trial. The image of the judge - how they are viewed culturally - reinforces their role, emphasising their authority and neutrality, thus supporting the legitimacy of the court as an institution. Increasingly, judges use video conferencing where either they, or other participants, are located away from the courtroom. Reporting on a three-year empirical study, this paper argues that the introduction of video-conferencing technologies in court has had a profound impact on the production, management and consumption of judicial images, with implications for the role of the judge. Video links challenge cultural assumptions about how the role of the judge is performed and what the image of the judge should be. We argue that greater congruence needs to be achieved over video links between that image and the role of the judge

CONSTITUTIONAL LAW-APPELLATE JURISDICTION OVER STATE COURT DECISIONS-WHEN IS A STATE COURT DECISION FINAL

Plaintiff brought suit to enjoin peaceful picketing of an apartment project by defendant labor organizations. The Circuit Court, Montgomery County, Alabama granted temporary injunction ex parte. Defendants appealed to the Alabama Supreme Court which affirmed the trial court\u27s order denying a motion to dissolve the injunction. Certiorari was sought and granted by the United States Supreme Court. Held, certiorari had been improvidently granted since the Alabama Supreme Court\u27s determination had not constituted a final judgment or decree. Montgomery Bldg. and Constr. Trades Council v. Ledbetter Erection Co.,. 344 U.S. 178, 73 S.Ct. 196 (1952)

CONSTITUTIONAL LAW-REVIEW OF STATE COURT DETERMINATION-SUPREME COURT\u27S VACATION OF STATE COURT JUDGMENT WITHOUT GIVING GROUNDS FOR REVERSAL

The Supreme Court of the United States granted plaintiff\u27s petition for certiorari to review a decision of the Supreme Court of California summarily denying plaintiff\u27s application for habeas corpus. Previously the cause had been continued to enable petitioner to secure a determination of the California Supreme Court as to whether its judgment was intended to rest on an adequate independent state ground. It was later held that a letter from the clerk of that court was not a sufficient determination of that question, and petitioner was still unable to obtain that determination. Held, judgment of the Supreme Court of California is vacated and the cause remanded to resolve the doubt as to the jurisdiction of the United States Supreme Court. Dixon v. Duffy, 344 U.S. 143, 73 S.Ct. 193 (1952)

Finding Person Relations in Image Data of the Internet Archive

The multimedia content in the World Wide Web is rapidly growing and contains valuable information for many applications in different domains. For this reason, the Internet Archive initiative has been gathering billions of time-versioned web pages since the mid-nineties. However, the huge amount of data is rarely labeled with appropriate metadata and automatic approaches are required to enable semantic search. Normally, the textual content of the Internet Archive is used to extract entities and their possible relations across domains such as politics and entertainment, whereas image and video content is usually neglected. In this paper, we introduce a system for person recognition in image content of web news stored in the Internet Archive. Thus, the system complements entity recognition in text and allows researchers and analysts to track media coverage and relations of persons more precisely. Based on a deep learning face recognition approach, we suggest a system that automatically detects persons of interest and gathers sample material, which is subsequently used to identify them in the image data of the Internet Archive. We evaluate the performance of the face recognition system on an appropriate standard benchmark dataset and demonstrate the feasibility of the approach with two use cases

Reconceptualizing Security Strategies For Courts: Developing A Typology For Safer Court Environments

There have been heightened concerns about security in courts in recent years, prompting a strong response that has largely been focused on perimeter security. This paper draws on recent research conducted in Australian on court users' safety needs, to propose a typology for designing safer courtroom environments that moves beyond the entry point to the court, and incorporates consideration of process and design elements

Little Evidence of Benthic Community Resilience to Bottom Trawling on Seamounts After 15 Years

The resilience and recovery dynamics of deep-sea habitats impacted by bottom trawling are poorly known. This paper reports on a fishing impact recovery comparison based on four towed camera surveys over a 15-year period (2001–2015) on a group of small seamounts on the Chatham Rise, east of New Zealand, on which pre-disturbance benthic communities are dominated by thicket-forming scleractinian corals. The six seamounts studied encompass a range of trawl histories, including one with high and persistent levels of trawling throughout the survey period, two with intermittent and intermediate levels of trawling, two which were low/untrawled, and one, ‘Morgue’, which was closed to trawling in 2001, having been heavily trawled up to that point. Still photographs from all surveys were analyzed for the identification and abundance of all visible benthic fauna with effort made to ensure consistency of data among surveys. Because increases in image resolution and quality over time resulted in a persistent trend of increasing abundances, analyses were concentrated on comparisons among seamounts within surveys and how these relationships changed with time. The abundance, species richness, and diversity of benthic communities were higher on low/untrawled seamounts than on those that had been trawled. Multivariate community structure showed similar patterns at each survey point, the low/untrawled seamounts being strongly dissimilar to the persistently trawled seamount, with the others ranged between these extremes, broadly in accordance with their cumulative trawl histories. Community structure on the persistently trawled seamount was less variable than on the other seamounts throughout the study period, possibly because of regular ‘re-setting’ of the community by disturbance from trawling. Although there was some variability in results between whole seamount and summit sector analyses, in general communities on Morgue remained similar to those on the persistently trawled seamount, showing little indication of steps toward recovery to its pre-disturbance state following its closure. These results indicate low resilience of benthic communities on the seamounts to the effects of bottom trawling

The ecology of seamounts: structure, function, and human impacts.

In this review of seamount ecology, we address a number of key scientific issues concerning the structure and function of benthic communities, human impacts, and seamount management and conservation. We consider whether community composition and diversity differ between seamounts and continental slopes, how important dispersal capabilities are in seamount connectivity, what environmental factors drive species composition and diversity, whether seamounts are centers of enhanced biological productivity, and whether they have unique trophic architecture. We discuss how vulnerable seamount communities are to fishing and mining, and how we can balance exploitation of resources and conservation of habitat. Despite considerable advances in recent years, there remain many questions about seamount ecosystems that need closer integration of molecular, oceanographic, and ecological research

Spatial variation in the composition of motile macroinvertebrate assemblages associated with two bed types of the seagrass Posidonia oceanica

The influence of continuous (non-fragmented) and reticulate (fragmented) bed type and plant architecture on the species richness, abundance and assemblage composition of motile macroinvertebrates associated with the seagrass Posidonia oceanica was investigated at 3 different spatial scales (10s of metres [‘small’], 100s of metres [‘medium’] and kilometres [‘large’]). Univariate and multivariate analyses did not identify significant differences in the attributes of macroinverte- brate assemblages between the 2 P. oceanica bed types over the 3 spatial scales considered. On the other hand, significant spatial variation in macroinvertebrate attributes was detected at the large spa- tial scale. Results of univariate regression and multivariate correlation analysis consistently indicated significant relationships between attributes of the macroinvertebrate assemblages and epiphyte bio- mass at the large spatial scale. Although less consistent, significant relationships were also detected between attributes of the macroinvertebrate assemblages, and mean sediment grain size, total organic carbon in sediment and shoot biomass at the large and medium spatial scales. The findings indicate that naturally fragmented and non-fragmented P. oceanica beds have similar habitat charac- teristics for the associated macroinvertebrates and that local factors, which influence seagrass bed architecture and particularly epiphyte load, have greater influence on the seagrass fauna. Data from the present study support the notion that fragmented seagrass beds should receive the same attention as non-fragmented ones with regard to habitat conservation and protection.peer-reviewe

Occurrence and distribution of different bed types of seagrass Posidonia oceanica around the Maltese Islands

The small-scale distribution of Posidonia oceanica bed types were mapped at four locations off the northern coast of the Maltese Islands, using aerial photography supplemented by surveys using SCUBA diving. Results showed a similar pattern of occurrence of the seagrass at all locations surveyed. In shallow waters (2 m – 4 m), P. oceanicaoccurred as patches of variable size on a rocky and/or sandy substratum. In deeper waters (5 m – 10 m), the patches of seagrass were often replaced by reticulate beds consisting of P. oceanicainterspersed with areas of bare sand. Deeper still (11 m – 13 m), a transition from reticulate to continuous beds occurred. Continuous beds extended to depths of around 25 - 30 m and eventually became reticulate or patchy in deeper waters (>25 m). Values of total seagrass percentage cover increased, while the ratio of fragmented:continuous bed cover decreased for the four study locations on moving southwards (Ramla Bay to St Thomas Bay), indicating that P. oceanica habitat was more abundant and less fragmented in the south-eastern parts of the Maltese Islands. However, values calculated using an exposure index did not did indicate a relationship between exposure and the observed decease in fragmentation of seagrass beds on moving northwest to southwest along the north-eastern coast. Data from the four sites surveyed, together with data from other surveys, were used to show the large-scale distribution of P. oceanica beds around the Maltese Islands. The implications of the study findings for the conservation and management of P. oceanica habitat around the Maltese Islands are discussed.peer-reviewe