1,552 research outputs found

    Williams-Yulee and the Anomaly of Campaign Finance Law

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    The Dignity Canon

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    Human dignity is not a freestanding constitutional right, but it is a strongly held constitutional value. To this point, however, human dignity has had no place in statutory interpretation. This Article argues that courts should create a dignity canon of interpretation, which would operate as a clear statement rule. If laws are to be construed to limit individual dignity, the legislature must expressly this plainly. By conducting re-dos of three Supreme Court cases in the areas of civil rights, criminal procedure, and personal health, the Article shows the promise of the dignity canon

    The Dignity Canon

    Get PDF
    Human dignity is not a freestanding constitutional right, but it is a strongly held constitutional value. To this point, however, human dignity has had no place in statutory interpretation. This Article argues that courts should create a dignity canon of interpretation, which would operate as a clear statement rule. If laws are to be construed to limit individual dignity, the legislature must expressly this plainly. By conducting re-dos of three Supreme Court cases in the areas of civil rights, criminal procedure, and personal health, the Article shows the promise of the dignity canon

    Old Dog, New Tricks: Title VI and Teacher Equity

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    What can the law do to improve teacher quality? In answering this question, one can be forgiven for thinking about regulation rather than litigation. At the federal level, most litigation-heavy education laws are antidiscrimination statutes, focused on protecting certain categories of students rather than on enforcing high teaching standards. Meanwhile, teacher quality has become a central aspect of education policy statutes. Lax teacher preparation standards and poor hiring policies, in particular, create challenges for the education sys­ tem. Good teachers not only increase students\u27 scores on standardized tests; they also can lower students\u27 teen pregnancy rates, increase their likelihood of going to college, and raise their lifetime incomes

    Effect of the shot-noise on a Coulomb blockaded single Josephson junction

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    We have investigated how the Coulomb blockade of a mesoscopic Josephson junction in a high-impedance environment is suppressed by shot noise from an adjacent junction. The presented theoretical analysis is an extension of the phase correlation theory for the case of a non-Gaussian noise. Asymmetry of the non-Gaussian noise should result in the shift of the conductance minimum from zero voltage and the ratchet effect (nonzero current at zero voltage), which have been experimentally observed. The analysis demonstrates that a Coulomb blockaded tunnel junction in a high impedance environment can be used as an effective noise detector.Comment: 4 pages, 1 figure; figure and typos corrected, added reference

    Observation of shot-noise-induced asymmetry in the Coulomb blockaded Josephson junction

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    We have investigated the influence of shot noise on the IV-curves of a single mesoscopic Josephson junction. We observe a linear enhancement of zero-bias conductance of the Josephson junction with increasing shot noise power. Moreover, the IV-curves become increasingly asymmetric. Our analysis on the asymmetry shows that the Coulomb blockade of Cooper pairs is strongly influenced by the non-Gaussian character of the shot noise.Comment: 4 pages, 5 figures, RevTE
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