Civil Forfeiture and the War on Drugs: Lessons from Economics and History

This Article uses economic analysis to show how civil forfeiture’s role in the war on drugs creates contrary incentives for law enforcement officials and encourages abuses. The Article then reviews the history of civil forfeiture and the Supreme Court’s forfeiture jurisprudence, which seems incoherent. The Authors warn that the judiciary should be skeptical of civil forfeiture and its importance to the war on drugs. The Article proposes a constitutional framework, grounded in economics and history, to limit forfeiture abuses

Rewriting the Constitution: An Economic Analysis of the Consitutional Amendment Process

In this Article, the authors develop an economic theory of the constitutional amendment process under Article V focusing particularly on the roles that Congress and interest groups play in that process. The authors construct a model to predict when an interest group will seek an amendment rather than a statute to further its interests, highlighting how interest group maintenance costs and anticipated opposition affect that choice They then discuss the efficiency goals of constitutionalism-precommitment and reduction of agency costs--and argue that the structure of the amendment process under Article V prevents realization of these goals The authors contrast the Bill of Rights amendments, which established precommitments and reduced the agency costs of government, with the latter seventeen amendments, which expanded the federal government and increased agency cost They attribute the change in the nature of the amendments to the interest-group domination of the political process and Congress\u27 control over the constitutional amendment agenda The authors conclude that the Founders\u27 intent to put the Constitution beyond the reach of factions backfired: although factions cannot control the content of the Constitution, neither can the majority. In fact, Article V prevents the majority from precommiting itself and hinders its ability to control the agency costs of government, as evidenced by the history of the failed amendments Although the authors conclude that Article V thwarts the efficiency goals of constitutionalism, they predict that little can be done to remedy this flaw

Innocence Lost: Bennis V. Michigan and the Forfeiture Tradition

In Bennis v. Michigan, the Supreme Court upheld the State of Michigan\u27s forfeiture of Tina Bennis\u27s joint ownership interest in a car used by her husband for a tryst with a prostitute. Surveying its prior cases, the Court found that Tina Bennis\u27s innocence of the offending conduct was irrelevant to the constitutionality of Michigan\u27s forfeiture of her ownership interest. In so finding, the Court relied on the tradition of forfeiture to affirm the constitutionality of the tyranny and avarice condemned by James Wilson-a leading framer of the Constitution. The Anglo-American tradition of civil forfeiture, however, is considerably narrower than the Court\u27s account. The forfeiture known to the common law never would have reached the conduct giving rise to the forfeiture in Bennis. The modern Court\u27s careless reading of forfeiture tradition has allowed state and federal governments to expand forfeiture well beyond its historical boundaries. Consequently, forfeiture has come to be an instrument of oppression that would have appalled Wilson and the rest of America\u27s founding generation

Clustering Analyses of 300,000 Photometrically Classified Quasars--II. The Excess on Very Small Scales

We study quasar clustering on small scales, modeling clustering amplitudes using halo-driven dark matter descriptions. From 91 pairs on scales <35 kpc/h, we detect only a slight excess in quasar clustering over our best-fit large-scale model. Integrated across all redshifts, the implied quasar bias is b_Q = 4.21+/-0.98 (b_Q = 3.93+/-0.71) at ~18 kpc/h (~28 kpc/h). Our best-fit (real-space) power index is ~-2 (i.e., $\xi(r) \propto r^{-2}$), implying steeper halo profiles than currently found in simulations. Alternatively, quasar binaries with separation <35 kpc/h may trace merging galaxies, with typical dynamical merger times t_d~(610+/-260)m^{-1/2} Myr/h, for quasars of host halo mass m x 10^{12} Msolar/h. We find UVX quasars at ~28 kpc/h cluster >5 times higher at z > 2, than at z < 2, at the $2.0\sigma$ level. However, as the space density of quasars declines as z increases, an excess of quasar binaries (over expectation) at z > 2 could be consistent with reduced merger rates at z > 2 for the galaxies forming UVX quasars. Comparing our clustering at ~28 kpc/h to a \xi(r)=(r/4.8\Mpch)^{-1.53} power-law, we find an upper limit on any excess of a factor of 4.3+/-1.3, which, noting some caveats, differs from large excesses recently measured for binary quasars, at $2.2\sigma$. We speculate that binary quasar surveys that are biased to z > 2 may find inflated clustering excesses when compared to models fit at z < 2. We provide details of 111 photometrically classified quasar pairs with separations <0.1'. Spectroscopy of these pairs could significantly constrain quasar dynamics in merging galaxies.Comment: 12pages, 3 figures, 2 tables; uses amulateapj; accepted to Ap

Performance of SM8 on a Test To Predict Small-Molecule Solvation Free Energies

The SM8 quantum mechanical aqueous continuum solvation model is applied to a 17-molecule test set proposed by Nicholls et al. (J. Med. Chem.2008, 51, 769) to predict free energies of solvation. With the M06-2X density functional, the 6-31G(d) basis set, and CM4M charge model, the root-mean-square error (RMSE) of SM8 is 1.08 kcal mol−1 for aqueous geometries and 1.14 kcal mol−1 for gas-phase geometries. These errors compare favorably with optimal explicit and continuum models reported by Nicholls et al., having RMSEs of 1.33 and 1.87 kcal mol−1, respectively. Other models examined by these workers had RMSEs of 1.5−2.6 kcal mol−1. We also explore the use of other density functionals and charge models with SM8 and the RMSE increases to 1.21 kcal mol−1 for mPW1/CM4 with gas-phase geometries, to 1.50 kcal mol−1 for M06-2X/CM4 with gas-phase geometries, and to 1.27−1.64 kcal mol−1 with three different models at B3LYP gas-phase geometries

Repair of juxtarenal para-anastomotic aortic aneurysms after previous open repair with fenestrated and branched endovascular stent grafts

Three patients with juxtarenal para-anastomotic aortic aneurysms after previous open abdominal aortic aneurysm repair were treated with custom-designed fenestrated and branched Zenith endovascular stent grafts. Six renal arteries and two superior mesenteric arteries were targeted for incorporation by graft fenestrations and branches. The fenestration/renal ostium interface was secured with balloon-expandable Genesis stents (n = 5) or Jostent stent grafts (n = 1). Completion angiography demonstrated no endoleaks and antegrade perfusion in all target vessels. During follow-up, one patient developed asymptomatic renal artery occlusion and underwent further endovascular intervention for type I distal endoleak. Computed tomography at 12 months demonstrated complete aneurysm exclusion in all patients with antegrade perfusion in the remaining target vessels. Fenestrated and branched endovascular stent grafts may be an acceptable alternative to conventional open repair in this group of patients

Cockpit Text Communications: Evaluating the Efficiency and Accuracy

Non-voice data exchanges will become a primary method of communication between pilots and Air Traffic Controllers as the Federal Aviation Administration’s plan for the Next Generation Air Traffic Control System (NextGen) evolves. In support of this communication evolution, pilots will need the most efficient interface tools in order to accurately and quickly exchange text messages with Air Traffic Control. Keyboards, or similar input devices, will be become a necessity in the cockpit. This study aims to investigate and compare the typing speed and accuracy possible using three sizes of two-hand, QWERTY1 keyboards: a full size (100%), a medium size (92%), and a small size (thumb typing home theater PC keyboard) that could be used for aviation data exchanges. Each study participant was administered 15 typing tests having aviation specific content, on each keyboard, including 5 tests of short length, 5 tests of medium length, and 5 tests of long length. The results of this study suggest that in terms of words per minute typing speed, participants using the medium size keyboard had a slightly faster typing speed than with the large keyboard, while the small keyboard produced a considerably slower typing speed than either the medium or large keyboards. In terms of accuracy, participants using the small keyboard had the highest level of accuracy, followed by the medium keyboard, while the least accurate keyboard tended to be the large keyboard. Overall, findings suggest that the optimal size of two-handed, QWERTY keyboard for use in an aircraft cockpit was the medium keyboard

Renal ischemia and reperfusion activates the eIF2 alpha kinase PERK

Inhibition of protein synthesis occurs in the post-ischemic reperfused kidney but the molecular mechanism of renal translation arrest is unknown. Several pathways have been identified whereby cell stress inhibits translation initiation via phosphorylation of the alpha subunit of eukaryotic initiation factor 2 (eIF2a, phospho-form eIF2a(P)]. Here, we report a 20-fold increase in eIF2a(P) in kidney homogenates following 10 min of cardiac arrest-induced ischemia and 10 min reperfusion. Using immunohistochemistry, we observed eIF2a(P) in tubular epithelial cells in both cortex and medulla, where the greatest eIF2a(P) staining was found in epithelial cells of the so-called watershed area at the corticomedullary junction. We further show that increased eIF2a(P) is accompanied by activation of the PKR-like endoplasmic reticulum eIF2a kinase (PERK). These observations indicate that renal ischemia and reperfusion induce stress to the endoplasmic reticulum and activate the unfolded protein response in renal epithelial cells. As the unfolded protein response can result alternatively in a pro-survival or pro-apoptotic outcome, the present study demonstrates an new additional mechanism involved in cell damage and/or repair in ischemic and reperfused kidney. © 2005 Elsevier B.V. All rights reserved

Cockpit Text Communications: Evaluating the Efficiency and Accuracy of Different Keyboards

Non-voice data exchanges will become a primary method of communication between pilots and Air Traffic Controllers as the Federal Aviation Administration’s plan for the Next Generation Air Traffic Control System (NextGen) evolves. In support of this communication evolution, pilots will need the most efficient interface tools in order to accurately and quickly exchange text messages with Air Traffic Control. Keyboards, or similar input devices, will be become a necessity in the cockpit. This study aims to investigate and compare the typing speed and accuracy possible using three sizes of two-hand, QWERTY1 keyboards: a full size (100%), a medium size (92%), and a small size (thumb typing home theater PC keyboard) that could be used for aviation data exchanges. Each study participant was administered 15 typing tests having aviation specific content, on each keyboard, including 5 tests of short length, 5 tests of medium length, and 5 tests of long length. The results of this study suggest that in terms of words per minute typing speed, participants using the medium size keyboard had a slightly faster typing speed than with the large keyboard, while the small keyboard produced a considerably slower typing speed than either the medium or large keyboards. In terms of accuracy, participants using the small keyboard had the highest level of accuracy, followed by the medium keyboard, while the least accurate keyboard tended to be the large keyboard. Overall, findings suggest that the optimal size of two-handed, QWERTY keyboard for use in an aircraft cockpit was the medium keyboard

Ca2+ Influx Regulates BDNF Transcription by a CREB Family Transcription Factor-Dependent Mechanism

AbstractCREB is a transcription factor implicated in the control of adaptive neuronal responses. Although one function of CREB in neurons is believed to be the regulation of genes whose products control synaptic function, the targets of CREB that mediate synaptic function have not yet been identified. This report describes experiments demonstrating that CREB or a closely related protein mediates Ca2+-dependent regulation of BDNF, a neurotrophin that modulates synaptic activity. In cortical neurons, Ca2+ influx triggers phosphorylation of CREB, which by binding to a critical Ca2+ response element (CRE) within the BDNF gene activates BDNF transcription. Mutation of the BDNF CRE or an adjacent novel regulatory element as well as a blockade of CREB function resulted in a dramatic loss of BDNF transcription. These findings suggest that a CREB family member acts cooperatively with an additional transcription factor(s) to regulate BDNF transcription. We conclude that the BDNF gene is a CREB family target whose protein product functions at synapses to control adaptive neuronal responses