Tracking Reasonableness: An Evaluation of North Carolina\u27s Lifetime Satelite-Based Monotoring Statutes in the Wake of Grady v. North Carolina

On the evening of October 4, 1957, one event would change the world forever. With the launch of the first satellite, Sputnik, the whole of civilization was ushered into a new period of technology and discovery. No one who witnessed the birth of the satellite age almost 60 years ago could have envisioned the indispensable impact satellite technology would have in the modern era. One of the most significant benefits of satellite technology has been the use of multiple satellites to determine precise location information from anywhere on the planet. This use, commonly known as GPS (global positioning system), has become so commonplace in our world that a considerable portion of the world population uses it daily. In addition, states capitalized on the use of GPS technology in the mandatory monitoring of sex offenders through the creation of satellite-based monitoring (SBM) programs aimed at the protection of the public by curbing recidivism of known sex offenders. Many legal challenges followed. Then, in the 2012 United States Supreme Court case of United States v. Jones, satellites would again change the world. The Supreme Court, through its Jones decision, would usher in a new paradigm of search law when it held that the warrantless installation and GPS monitoring of a suspect\u27s vehicle constituted a search. The question remained open, however, regarding the effect the Jones decision would have on the GPS monitoring of sex offenders. In the 2015 Supreme Court term, the Court answered this question. In Grady v. North Carolina, the Court ruled that SBM programs constituted a Fourth Amendment search. Despite its ruling, the Court left open the ultimate question of whether SBM programs are reasonable warrantless searches. This Article will utilize the framework left by the Grady decision and attempt to answer the ultimate question for North Carolina: is the lifetime SBM program reasonable under the Fourth Amendment? The Article will conclude that a court will likely hold that North Carolina\u27s SBM program is a reasonable search. When considering this result, four crucial observations appear: (1) In assessing reasonableness under the Fourth Amendment, the Supreme Court has struggled to consistently maintain a clear direction. Over time, the Court has grappled with whether to require a warrant or to inquire into reasonableness alone. As a result of this dilemma, a number of cases have sprung up to create classifications of warrantless searches that defy a common and consistent theme. (2) The Grady decision\u27s cited cases Vernonia School District 47J v. Acton and Samson v. California provide at least two distinct reasonableness scaffolds to build upon: (1) a special needs exception, requiring some need beyond traditional law enforcement; and (2) a general reasonableness exception based upon a particular context, such as a diminished expectation of privacy. (3) While it is likely that the North Carolina courts will conclude that the SBM program is reasonable, such a decision will constitute a Pyrrhic victory, won at the considerable cost to individual privacy. Veritably, if the court upholds lifetime GPS monitoring of individuals as reasonable, such a ruling pushes the outside of the envelope for suspicionless and warrantless searches. (4) Should the High Court eventually consider the ultimate question left open in its Grady decision, the resolution is in doubt. In fact, the whole aggregate of its pronouncements on reasonableness, both past and future, has been shrouded in ambiguity. Currently, the Court is ensnared in darkness over the future of its ideological understanding of the Fourth Amendment. Justice Scalia\u27s recent death casts a long shadow over the evenly divided Court. Only time will tell if the Court will attempt to view reasonableness through a preference for warrants or if it chooses to continue to track reasonableness alone in the universe of uncertainty and unpredictability that is the Fourth Amendment. For now, all we can do is look to the heavens and wonder

Renewable Energy Opportunities at Fort Sill, Oklahoma

This document provides an overview of renewable resource potential at Fort Sill, based primarily upon analysis of secondary data sources supplemented with limited on-site evaluations. This effort focuses on grid-connected generation of electricity from renewable energy sources and on ground source heat pumps for heating and cooling buildings. The effort was funded by the U.S. Army Installation Management Command (IMCOM) as follow-on to the 2005 Department of Defense (DoD) Renewables Assessment. The site visit to Fort Sill took place on June 10, 2010

MaxEnt power spectrum estimation using the Fourier transform for irregularly sampled data applied to a record of stellar luminosity

The principle of maximum entropy is applied to the spectral analysis of a data signal with general variance matrix and containing gaps in the record. The role of the entropic regularizer is to prevent one from overestimating structure in the spectrum when faced with imperfect data. Several arguments are presented suggesting that the arbitrary prefactor should not be introduced to the entropy term. The introduction of that factor is not required when a continuous Poisson distribution is used for the amplitude coefficients. We compare the formalism for when the variance of the data is known explicitly to that for when the variance is known only to lie in some finite range. The result of including the entropic measure factor is to suggest a spectrum consistent with the variance of the data which has less structure than that given by the forward transform. An application of the methodology to example data is demonstrated.Comment: 15 pages, 13 figures, 1 table, major revision, final version, Accepted for publication in Astrophysics & Space Scienc

Renewable Energy Opportunities at Fort Polk, Louisiana

This document provides an overview of renewable resource potential at Fort Polk, based primarily upon analysis of secondary data sources supplemented with limited on-site evaluations. This effort focuses on grid-connected generation of electricity from renewable energy sources and also on ground source heat pumps for heating and cooling buildings. The effort was funded by the U.S. Army Installation Management Command (IMCOM) as follow-on to the 2005 Department of Defense (DoD) Renewables Assessment. The site visit to Fort Polk took place on February 16, 2010

EphA2 as a Diagnostic Imaging Target in Glioblastoma: A Positron Emission Tomography/Magnetic Resonance Imaging Study

Noninvasive imaging is a critical technology for diagnosis, classification, and subsequent treatment planning for patients with glioblastoma. It has been shown that the EphA2 receptor tyrosine kinase (RTK) is overexpressed in a number of tumors, including glioblastoma. Expression levels of Eph RTKs have been linked to tumor progression, metastatic spread, and poor patient prognosis. As EphA2 is expressed at low levels in normal neural tissues, this protein represents an attractive imaging target for delineation of tumor infiltration, providing an improved platform for image-guided therapy. In this study, EphA2-4B3, a monoclonal antibody specific to human EphA2, was labeled with Cu-64 through conjugation to the chelator 1,4,7-triazacyclononane-1,4,7-triacetic acid (NOTA). The resulting complex was used as a positron emission tomography (PET) tracer for the acquisition of high-resolution longitudinal PET/magnetic resonance images. EphA2-4B3-NOTA-Cu-64 images were qualitatively and quantitatively compared to the current clinical standards of [F-18] FDOPA and gadolinium (Gd) contrast-enhanced MRI. We show that EphA2-4B3-NOTA-Cu-64 effectively delineates tumor boundaries in three different mouse models of glioblastoma. Tumor to brain contrast is significantly higher in EphA2-4B3-NOTA-Cu-64 images than in [F-18] FDOPA images and Gd contrast-enhanced MRI. Furthermore, we show that nonspecific uptake in the liver and spleen can be effectively blocked by a dose of nonspecific (isotype control) IgG

High-efficiency transmission gratings fabricated in bulk fused silica

The authors present the design and performance of high-efficiency transmission gratings fabricated in bulk fused silica for use in ultraviolet high-power laser systems. The gratings exhibit a diffraction efficiency exceeding 95% in the m = {minus}1 order and damage threshold greater than 13 J/cm{sup 2} for 1 nsec pulses at 351 nm. Model calculations and experimental measurements are in good agreement. They describe the design and fabrication of these gratings based on the transfer ion etching of photoresist patterns produced by interference lithography

The birth of airplane stability theory

Airplane stability theory was born at the end of the XIX century and matured around 100 years ago, when airplanes were hardly controllable yet. The success and safety of flights in the pioneer years depended upon largely unknown stability and control characteristics. Understanding the modes of airplane motion has been of paramount importance for the development of aviation. The contributions made by a few scientists in the decades preceding and following the first flight by the Wright brothers set the concepts and equations that, with minor notation aspects, have remained almost unchanged till present day.Magraner Rullan, JP.; Martinez-Val, R. (2014). The birth of airplane stability theory. Proceedings of the Institution of Mechanical Engineers, Part G: Journal of Aerospace Engineering. 228(9):1498-1506. doi:10.1177/0954410013494139S149815062289PERKINS, C. D. (1970). Development of airplane stability and control technology /1970 Von Karman Lecture/. Journal of Aircraft, 7(4), 290-301. doi:10.2514/3.44167Abzug, M. J., & Larrabee, E. E. (2002). Airplane Stability and Control, Second Edition. doi:10.1017/cbo9780511607141Graham, W. R. (1999). Asymptotic analysis of the classical aircraft stability equations. The Aeronautical Journal, 103(1020), 95-103. doi:10.1017/s0001924000027792Bryan, G. H., & Williams, W. E. (1904). The Longitudinal Stability of Aerial Gliders. Proceedings of the Royal Society of London, 73(488-496), 100-116. doi:10.1098/rspl.1904.0017Wegener, P. P. (1997). What Makes Airplanes Fly? doi:10.1007/978-1-4612-2254-5Pradeep, S., & Kamesh, S. (1999). Does the Phugoid Frequency Depend on Speed? Journal of Guidance, Control, and Dynamics, 22(2), 372-373. doi:10.2514/2.4391Phillips, W. F. (2000). Phugoid Approximation for Conventional Airplanes. Journal of Aircraft, 37(1), 30-36. doi:10.2514/2.2586Pamadi, B. N. (2004). Performance, Stability, Dynamics, and Control of Airplanes, Second Edition. doi:10.2514/4.862274Ananthkrishnan, N., & Ramadevi, P. (2002). Consistent Approximations to Aircraft Longitudinal Modes. Journal of Guidance, Control, and Dynamics, 25(4), 820-824. doi:10.2514/2.4952McRuer, D. T., Graham, D., & Ashkenas, I. (1990). Aircraft Dynamics and Automatic Control. doi:10.1515/978140085598

Effects of ungulate herbivory on aspen, cottonwood, and willow development under forest fuels treatment regimes

Herbivory by domestic and wild ungulates can dramatically affect vegetation structure, composition and dynamics in nearly every terrestrial ecosystem of the world. These effects are of particular concern in forests of western North America, where intensive herbivory by native and domestic ungulates has the potential to substantially reduce or eliminate deciduous, highly palatable species of aspen (Populus tremuloides), cottonwood (Populus trichocarpa), and willow (Salix spp.). In turn, differential herbivory pressure may favor greater establishment of unpalatable conifers that serve as ladder fuels for stand-replacing fires. The resulting high fuel loads often require silvicultural fuels reductions to mitigate fire risk, which in turn may facilitate additional recruitment of deciduous species but also additional herbivory pressure. Potential interactions of ungulate herbivory with episodic disturbances of silviculture, fire, and other land uses are not well documented, but are thought to operate synergistically to affect forest dynamics. We evaluated individual and joint effects of ungulate herbivory and fuels reduction treatments in grand fir (Abies grandis) and Douglas-fir (Psuedotsuga menziezii) forests that dominate large areas of interior western North America. We applied fuels reduction treatments of mechanical thinning and prescribed fire and then evaluated the responses of aspen, cottonwood, and willow species to these treatments (N = 3) versus areas of no treatment (N = 3), and to exclusion from ungulate herbivory versus areas subjected to extant herbivory by free-ranging cattle (Bos taurus), elk (Cervus elaphus), and mule deer (Odocoileus hemionus). Densities of deciduous species were >4 times higher in response to fuels reduction treatments (84.4 individuals/ha) compared to areas of no treatment (19.7 individuals/ha). Additionally, when ungulates were excluded from fuels treated sites, the density of cottonwood was >5 times higher (122.5 individuals/ha) than fuels treated sites subjected to extant herbivory (24.3 individuals/ha). Similarly, densities of Populus spp. and Salix spp. were >3 times higher (211.6 individuals/ha) on fuels treated sites excluded from ungulate herbivory versus fuels treated sites subjected to extant herbivory (66.1 stems/ha). Deciduous species subjected to extant ungulate herbivory also were significantly lower in height, canopy surface area, and canopy volume than the same species inside the ungulate exclosures. Recruitment and long-term survival of aspen, cottonwood, and willow species in coniferous forests of interior western North America require a combination of episodic disturbances such as silviculture and fire to facilitate deciduous plant recruitment, followed by reductions in grazing pressure by domestic and wild ungulates during the time intervals between episodic disturbances to facilitate plant establishment, growth and survival.This is the publisher’s final pdf. The published article is copyrighted by Elsevier and can be found at: http://www.journals.elsevier.com/forest-ecology-and-management/Keywords: Chronic disturbances, Fire, Grazing, Ungulates, Fuels reduction, Forest dynamic