1,552 research outputs found
The Dignity Canon
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
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
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
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
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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