2,679 research outputs found
Standing Uncertainty: An Expected-Value Standard for Fear-Based Injury in Clapper v. Amnesty International USA
The Supreme Court has held that a plaintiff can have Article III standing based on a fear of future harm, or fear-based injury. The Court’s approach to fear-based injury, however, has been unclear and inconsistent. This Note seeks to clarify the Court’s doctrine using principles from probability theory. It contends that fear-based injury should be governed by a substantial-risk standard that encapsulates the probability concept of expected value. This standard appears in footnote 5 of Clapper v. Amnesty International USA, a recent case in which the Court held that a group of plaintiffs lacked standing to challenge the constitutionality of a section of the Foreign Intelligence Surveillance Act of 1978. This Note begins by tracing three competing lines of doctrine within the Court’s jurisprudence on fear-based injury and analyzes them using probability theory, arriving at a tripartite framework. After applying this framework to Clapper, this Note concludes that footnote 5’s substantial-risk standard should govern fear-based injury. Finally, this Note argues that the substantial-risk standard should be informed by an expected-value inquiry and justifies this proposal through precedent, probability principles, and practical concerns
Standing Uncertainty: An Expected-Value Standard for Fear-Based Injury in Clapper v. Amnesty International USA
The Supreme Court has held that a plaintiff can have Article III standing based on a fear of future harm, or fear-based injury. The Court’s approach to fear-based injury, however, has been unclear and inconsistent. This Note seeks to clarify the Court’s doctrine using principles from probability theory. It contends that fear-based injury should be governed by a substantial-risk standard that encapsulates the probability concept of expected value. This standard appears in footnote 5 of Clapper v. Amnesty International USA, a recent case in which the Court held that a group of plaintiffs lacked standing to challenge the constitutionality of a section of the Foreign Intelligence Surveillance Act of 1978. This Note begins by tracing three competing lines of doctrine within the Court’s jurisprudence on fear-based injury and analyzes them using probability theory, arriving at a tripartite framework. After applying this framework to Clapper, this Note concludes that footnote 5’s substantial-risk standard should govern fear-based injury. Finally, this Note argues that the substantial-risk standard should be informed by an expected-value inquiry and justifies this proposal through precedent, probability principles, and practical concerns
Calcium-Rich Gap Transients: Tidal Detonations of White Dwarfs?
We hypothesize that at least some of the recently discovered class of
calcium-rich gap transients are tidal detonation events of white dwarfs (WDs)
by black holes (BHs) or possibly neutron stars. We show that the properties of
the calcium-rich gap transients agree well with the predictions of the tidal
detonation model. Under the predictions of this model, we use a follow-up X-ray
observation of one of these transients, SN 2012hn, to place weak upper limits
on the detonator mass of this system that include all intermediate-mass BHs
(IMBHs). As these transients are preferentially in the stellar haloes of
galaxies, we discuss the possibility that these transients are tidal
detonations of WDs caused by random flyby encounters with IMBHs in dwarf
galaxies or globular clusters. This possibility has been already suggested in
the literature but without connection to the calcium-rich gap transients. In
order for the random flyby cross-section to be high enough, these events would
have to be occurring inside these dense stellar associations. However, there is
a lack of evidence for IMBHs in these systems, and recent observations have
ruled out all but the very faintest dwarf galaxies and globular clusters for a
few of these transients. Another possibility is that these are tidal
detonations caused by three-body interactions, where a WD is perturbed toward
the detonator in isolated multiple star systems. We highlight a number of ways
this could occur, even in lower-mass systems with stellar-mass BHs or neutron
stars. Finally, we outline several new observational tests of this scenario,
which are feasible with current instrumentation.Comment: 10 pages, 1 figure, accepted for publication in MNRA
A view from the west: a structural approach to analysing Lapita design in the Eastern Lapita Province
Antlia B: A faint dwarf galaxy member of the NGC 3109 association
We report the discovery of Antlia B, a faint dwarf galaxy at a projected
distance of 72 kpc from NGC 3109 (15 mag), the primary
galaxy of the NGC 3109 dwarf association at the edge of the Local Group. The
tip of the red giant branch distance to Antlia B is =1.290.10 Mpc,
which is consistent with the distance to NGC 3109. A qualitative analysis
indicates the new dwarf's stellar population has both an old, metal poor red
giant branch (10 Gyr, [Fe/H]2), and a younger blue population
with an age of 200-400 Myr, analogous to the original Antlia dwarf,
another likely satellite of NGC 3109. Antlia B has \ion{H}{1} gas at a velocity
of =376 km s, confirming the association with NGC 3109
(=403 km s). The HI gas mass
(M=2.80.210 M), stellar luminosity
(=9.70.6 mag) and half light radius (=27329 pc) are
all consistent with the properties of dwarf irregular and dwarf spheroidal
galaxies in the Local Volume, and is most similar to the Leo P dwarf galaxy.
The discovery of Antlia B is the initial result from a Dark Energy Camera
survey for halo substructure and faint dwarf companions to NGC 3109 with the
goal of comparing observed substructure with expectations from the
+Cold Dark Matter model in the sub-Milky Way regime.Comment: 7 pages, 3 figures. Submitted to ApJ
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