Luis v. United States: Asset Forfeiture Butts Heads with the Sixth Amendment

In recent years, the federal government has vastly increased its use of asset forfeiture, the seizure of property connected to illegal activities. As authorized under federal law, the government is also able to restrain assets prior to trial when the government belives those assets will ultimately be found to be forfeitable. This pretrial restraint potentially implicates the constitutionally guaranteed right to counsel for criminal defendants. In the upcoming Supreme Court case of Luis v. United States, the Court will address the question of whether a pretrial restraint of assets which are not traceable to any illegal activity is permissible when those assets are needed to hire defense counsel. In this Commentary, the Author argues that the right to counsel of one’s own choosing is not unlimited and that pretrial restraint is necessary to prevent criminals from profiting from their crimes

What are the relations among stress perception, health perception and activity participation in school-aged children?

This correlational study examined possible relations among children’s activity patterns, perceived stress, and perceived health. A variety of self-report questionnaires were administered to a sample of 33 school age children. The Pediatric Activity Sort (PACS) was used to measure activity participation, a health questionnaire was used to assess health, and the Childhood Stress Questionnaire (CSQ) was used to measure perceived stress. Correlations showed no significant relationships between stress level and the amount of reported activity participation. The absence of significant relationships may be due to testing a sample of middle to upper class, Caucasian children, as there was a skewed CSQ dispersion with the majority of children reporting less stress than expected

The Federal Criminal Forfeiture Statute: Reining in The Government’s Previously Unbridled Ability to Seize Pretrial Assets

American organized crime movies are synonymous with a climatic raid and seizure of illegal assets – typically drugs and guns. But what is really encompassed within the Government’s grasp; what are the “illegal assets”? The truth is that the Government has a wide reach and the criminal seizures don’t end when the screen goes black and the credits roll. The Federal Criminal Forfeiture Statute, as applied to RICO and CCE cases, typically entails the forfeiture of any asset connected to the underlying crimes. Given that criminal forfeiture penalties have ethical and constitutional considerations, it is not surprising to learn that a recent United States Supreme Court decision has scaled back the Government’s power over its ability to seize. This Note will provide an overview of the Federal Criminal Forfeiture Statute, as well as RICO and CCE in order to provide context, will detail the case law history of the statute in application, will examine the ethical and constitutional considerations, and will question the future of the controversially applied law

Kaley v. United States: The Right to Counsel of Choice Caught in the Wide Net of Asset Forfeiture

This commentary previews an upcoming Supreme Court case, Kaley v. United States, in which the Court may decide whether a defendant who needs potentially forfeitable assets to retain counsel of choice is entitled, under the Due Process Clause, to a hearing to challenge the grand jury\u27s finding of probable cause

Superconductivity in an Einstein Solid AxV2Al20 (A = Al and Ga)

A cage compound AxV2Al20 (Al10V), that was called an Einstein solid by Caplin and coworkers 40 years ago, is revisited to investigate the low-energy, local vibrations of the A atoms and their influence on the electronic and superconducting properties of the compound. Polycrystalline samples with A = Al, Ga, Y, and La are studied through resistivity and heat capacity measurements. Weak-coupling BCS superconductivity is observed below Tc = 1.49, 1.66, and 0.69 K for Ax = Al0.3, Ga0.2, and Y, respectively, but not above 0.4 K for Ax = La. Low-energy modes are detected only for A = Al and Ga, which are approximately described by the Einstein model with Einstein temperatures of 24 and 8 K, respectively. A weak but significant coupling between the low-energy modes, which are almost identical to those called rattling in recent study, and conduction electrons manifests itself as anomalous enhancement in resistivity at around low temperatures corresponding to the Einstein temperatures.Comment: 12 pages, 5 figures, to be published in J. Phys. Soc. Jp

Evidence for Supercurrent Connectivity in Conglomerate Particles in NdFeAsO1-d

Here we use global and local magnetometry and Hall probe imaging to investigate the electromagnetic connectivity of the superconducting current path in the oxygen-deficient fluorine-free Nd-based oxypnictides. High resolution transmission electron microscopy and scanning electron microscopy show strongly-layered crystallites, evidence for a ~ 5nm amorphous oxide around individual particles, and second phase neodymium oxide which may be responsible for the large paramagnetic background at high field and at high temperatures. From global magnetometry and electrical transport measurements it is clear that there is a small supercurrent flowing on macroscopic sample dimensions (mm), with a lower bound for the average (over this length scale) critical current density of the order of 103 A/cm2. From magnetometry of powder samples and local Hall probe imaging of a single large conglomerate particle ~120 microns it is clear that on smaller scales, there is better current connectivity with a critical current density of the order of 5 x 104 A/cm2. We find enhanced flux creep around the second peak anomaly in the magnetisation curve and an irreversibility line significantly below Hc2(T) as determined by ac calorimetry.Comment: 11 pages, 4 figure

Critical Fields and Critical Currents in MgB2

We review recent measurements of upper (Hc2) and lower (Hc1) critical fields in clean single crystals of MgB2, and their anisotropies between the two principal crystallographic directions. Such crystals are far into the "clean limit" of Type II superconductivity, and indeed for fields applied in the c-direction, the Ginzburg-Landau parameter k is only about 3, just large enough for Type II behaviour. Because m0Hc2 is so low, about 3 T for fields in the c-direction, MgB2 has to be modified for it to become useful for high-current applications. It should be possible to increase Hc2 by the introduction of strong electron scattering (but because of the electronic structure and the double gap that results, the scatterers will have to be chosen carefully). In addition, pinning defects on a scale of a few nm will have to be engineered in order to enhance the critical current density at high fields.Comment: BOROMAG Conference Invited paper. To appear in Supercond. Sci. Tec

Aggregation and Optimization with State-Dependent Pricing: A Comment

A key argument in Caplin and Leahy (1997) states that the correlation between monetary shocks and output is falling in the variance of the money supply. We demonstrate that this conclusion depends on solving for the correlation in the non-stationary state of the model. In the stationary state, that correlation is initially rising.Ss pricing, money-output correlations, macroeconomic dynamics.