The Orwell Court: How the Supreme Court Recast History and Minimized the Role of the U.S. Sentencing Guidelines to Justify Limiting the Impact of \u3cem\u3eJohnson v. United States\u3c/em\u3e

In recent years, federal criminal defendants have enjoyed great success in challenging “residual clauses” within the United States Code as unconstitutional. This began in 2015 when the United States Supreme Court, in Johnson v. United States,1 struck a portion of the Armed Career Criminal Act2 as void for vagueness. Johnson’s holding at first appeared monumental because it invalidated a provision commonly used to enhance the prison sentences of offenders with certain qualifying prior convictions. Subsequent developments, however, significantly dulled the impact of Johnson, thwarting the dramatic reduction in sentences it once foreshadowed. This Article is about how Johnson came to be and the mechanisms through which the Supreme Court has subsequently weakened Johnson’s effect. It will describe two specific mechanisms: (1) the Supreme Court’s recasting of the history of federal sentencing in an attempt to contextualize the holding of Booker v. United States3 as a return to the bygone days of indeterminate sentencing; and (2) the Supreme Court’s evolving view of the role of the United States Sentencing Guidelines (Guidelines) in the federal criminal system that minimizes the Guidelines’ actual influence over a district court’s sentencing decisions. It will then explain why these mechanisms—one that exerts control over the past and one that exerts control over the present—are both unfounded. Finally, this Article will suggest ways in which those involved in federal criminal law—the United States Sentencing Commission (Sentencing Commission), Congress, the courts, and the criminal bar—can address the problems that the Court’s recent decisions have caused in our criminal justice system

The Federal War on Guns: A Story in Four-and-a-Half Acts

“History is a jangle of accidents, blunders, surprises and absurdities, and so is our knowledge of it, but if we are to report it at all we must impose some order upon it.” Beginning in the early 1990s, the Executive Branch took a novel approach to the enforcement of federal firearms offenses. It replaced traditional notions of restraint with a newfound willingness to exercise its power broadly, leading to a sharp increase in the number of federal firearms offenders that continues today. A recent development, however, threatens to dismantle the core of the federal firearms scheme. Decided in 2022, the effects of New York State Rifle & Pistol Association, Inc. v. Bruen are already being felt. Several courts, including one circuit court, have already struck down a potpourri of federal firearms statutes. This trend may continue to gain momentum, or it may be stopped in its tracks by a new Supreme Court decision that places limits on Bruen. But it is unlikely to fizzle out on its own. This article seeks to understand these recent events as distinct modern phenomena. To do so, it creates a holistic, conceptual framework that situates the developments of the last thirty years within the broader, global history of the federal government’s approach to firearms crime. The framework organizes the story of federal firearms policy into a series of conceptual narrative clusters—or acts—each with its own characters, conflicts, and shared views about the role of law in society. Through this framework, themes and trajectories emerge, shedding valuable light on our understanding not only of where we are and where we have been, but also of where we are going in our federal approach to firearms crime. As the first article that paints a comprehensive picture of federal firearms policy in this way, and as one of the first to address the emerging post-Bruen legislation, it will also add structure, focus, and energy to important ongoing scholarly discussions

Application of Osteopathic Manipulative Medicine to Ameliorate Sepsis Induced Ileus

Graduate Basi

A Mixed Methods Investigation of Administrators’ and Teachers’ Perceptions of Teacher Leadership

Teacher leadership has received attention for empirical and practical reasons. However, despite the evolution of the concept over the last several decades, there is still dissonance regarding the concept of teacher leadership. This study was grounded in the theory of professional identity to understand how administrators and teachers conceptualize teacher leadership. We studied the perceptions of administrators and teachers about teacher leadership using a survey and interviews. While there was some overlap in how administrators and teachers perceived teacher leadership, administrators viewed teacher leadership as occurring outside of the classroom while teachers located it inside of the classroom. Teachers also valued formal and informal mentoring. We provide implications for research and practice based on these findings

Open to All: Administrators’ and Teachers’ Perceptions of Issues of Equity and Diversity in Teacher Leadership

This study is a response to calls for more research on diversity in teacher leadership (TL), particularly in urban schools. Critical race theory illuminated the role race and racism can play in determining who gets access to TL positions and how that access is characterized using liberal discourse and ideology. We used a component mixed methods design to explore whether administrators and teachers perceived that teacher leadership positions were open to everyone. Beliefs that TL opportunities are “open to all” allow the field to accept the status quo, making it difficult to see (or do anything about) racial inequities

Note: Scalable Multiphoton Coincidence-counting Electronics

We present a multichannel coincidence-counting module for use in quantum optics experiments. The circuit takes up to four transistor–transistor logic pulse inputs and counts either twofold, threefold, or fourfold coincidences, within a user-selected coincidence-time window as short as 12 ns. The module can accurately count eight sets of multichannel coincidences, for input rates of up to 84 MHz. Due to their low cost and small size, multiple modules can easily be combined to count arbitrary M-order coincidences among N inputs

Comparative risk of adverse perinatal outcomes associated with classes of antiretroviral therapy in pregnant women living with HIV: systematic review and meta-analysis

Background: Integrase strand transfer inhibitor (INSTI) dolutegravir (DTG)-based antiretroviral therapy (ART) is recommended by World Health Organisation as preferred first-line regimen in pregnant women living with human immunodeficiency virus (HIV) (WLHIV). Non-nucleoside reverse transfer inhibitor (NNRTI)-based ART and protease inhibitor (PI)-based ART are designated as alternative regimens. The impact of different ART regimens on perinatal outcomes is uncertain. We aimed to assess the comparative risk of adverse perinatal outcomes in WLHIV receiving different classes of ART. Materials and methods: A systematic literature review was conducted by searching PubMed, CINAHL, Global Health, and EMBASE for studies published between Jan 1, 1980, and July 14, 2023. We included studies reporting on the association of pregnant WLHIV receiving different classes of ART with 11 perinatal outcomes: preterm birth (PTB), very PTB, spontaneous PTB, low birthweight (LBW), very LBW, term LBW, preterm LBW, small for gestational age (SGA), very SGA (VSGA), stillbirth, and neonatal death. Pairwise random-effects meta-analyses compared the risk of each adverse perinatal outcome among WLHIV receiving INSTI-ART, NNRTI-ART, PI-ART, and nucleoside reverse transfer inhibitor (NRTI)-based ART, and compared specific “third drugs” from different ART classes. Subgroup and sensitivity analyses were conducted based on country income status and study quality. Results: Thirty cohort studies published in 2006–2022, including 222,312 pregnant women, met the eligibility criteria. Random-effects meta-analyses found no evidence that INSTI-ART is associated with adverse perinatal outcomes compared to NNRTI-ART and PI-ART. We found that PI-ART is associated with a significantly increased risk of SGA (RR 1.28, 95% confidence interval (95% CI) [1.09, 1.51], p = 0.003) and VSGA (RR 1.41, 95% CI [1.08, 1.83], p = 0.011), compared to NNRTI-ART. Specifically, lopinavir/ritonavir (LPV/r) was associated with an increased risk of SGA (RR 1.40, 95% CI [1.18, 1.65], p = 0.003) and VSGA (RR 1.84, 95% CI [1.37, 2.45], p = 0.002), compared to efavirenz, but not compared to nevirapine. We found no evidence that any class of ART or specific “third drug” was associated with an increased risk of PTB. Conclusion: Our findings support the recommendation of INSTI-ART as first-line ART regimen for use in pregnant WLHIV. However, the increased risks of SGA and VGSA associated with PI-ART, compared to NNRTI-ART, may impact choice of second- and third-line ART regimens in pregnancy. Systematic review registration: https://www.crd.york.ac.uk/prospero/, identifier CRD42021248987

Ares I-X Best Estimated Trajectory Analysis and Results

The Ares I-X trajectory reconstruction produced best estimated trajectories of the flight test vehicle ascent through stage separation, and of the first and upper stage entries after separation. The trajectory reconstruction process combines on-board, ground-based, and atmospheric measurements to produce the trajectory estimates. The Ares I-X vehicle had a number of on-board and ground based sensors that were available, including inertial measurement units, radar, air-data, and weather balloons. However, due to problems with calibrations and/or data, not all of the sensor data were used. The trajectory estimate was generated using an Iterative Extended Kalman Filter algorithm, which is an industry standard processing algorithm for filtering and estimation applications. This paper describes the methodology and results of the trajectory reconstruction process, including flight data preprocessing and input uncertainties, trajectory estimation algorithms, output transformations, and comparisons with preflight predictions

Causes and consequences of flat-slab subduction in southern Peru

Flat or near-horizontal subduction of oceanic lithosphere has been an important tectonic process both currently and in the geologic past. Subduction of the aseismic Nazca Ridge beneath South America has been associated with the onset of flat subduction and the termination of arc volcanism in Peru, making it an ideal place to study flat-slab subduction. Recently acquired seismic recordings for 144 broadband seismic stations in Peru permit us to image the Mohorovičić discontinuity (Moho) of the subducted oceanic Nazca plate, Nazca Ridge, and the overlying continental Moho of the South American crust in detail through the calculation of receiver functions. We find that the subducted over-thickened ridge crust is likely significantly eclogitized ∼350 km from the trench, requiring that the inboard continuation of the flat slab be supported by mechanisms other than low-density crustal material. This continuation coincides with a low-velocity anomaly identified in prior tomography studies of the region immediately below the flat slab, and this anomaly may provide some support for the flat slab. The subduction of the Nazca Ridge has displaced most, if not the entire South American lithospheric mantle beneath the high Andes as well as up to 10 km of the lowermost continental crust. The lack of deep upper-plate seismicity suggests that the Andean crust has remained warm during flat subduction and is deforming ductilely around the subducted ridge. This deformation shows significant coupling between the subducting Nazca oceanic plate and overriding South American continental plate up to ∼500 km from the trench. These results provide important modern constraints for interpreting the geological consequences of past and present flat-slab subduction locations globally