\u3cem\u3eHurst v. Florida\u3c/em\u3e’s Ha’p’orth of Tar: The Need to Revisit \u3cem\u3eCaldwell, Clemons, and Proffitt\u3c/em\u3e

In Hurst v. Florida, the Supreme Court held Florida’s death penalty scheme violated the Sixth Amendment because judges, rather than juries, found sentencing facts necessary to impose death. That Sixth Amendment ruling has implications for Florida’s Eighth Amendment jurisprudence. Under the Eighth Amendment rule of Caldwell v. Mississippi, capital juries must appreciate their responsibility for death sentencing. Yet, Florida has instructed juries that their fact-findings merely support sentencing recommendations, while leaving the ultimate sentencing decision to a judge. Because Hurst clarifies that the Sixth Amendment requires juries to find the operative set of facts on which sentences are actually determined, Florida must revisit whether its capital juries have felt the full weight of their proper constitutional role. Under the Eighth Amendment rule of Clemons v. Mississippi, appellate courts may reweigh sentencing facts and conduct harmless error analyses after finding an invalid aggravating factor was used at sentencing. Florida has permitted Clemons review on judge-found facts. After Hurst, Florida must revisit whether such review required sentencing facts found by juries. Florida’s pre-Hurst death penalty scheme was held to satisfy the Eighth Amendment in Proffitt v. Florida. That holding relied on the involvement of juries in finding sentencing facts and automatic review by the Florida Supreme Court. Hurst makes clear that Florida juries had no involvement in finding sentencing facts, and appellate review was based on facts improperly found by judges. Hurst, therefore, requires that Florida revisit Proffitt. Repairs to Florida’s Eighth Amendment jurisprudence should be made in the immediate aftermath of Hurst, while the finality of pre-Hurst death sentences already must be disturbed to satisfy the Sixth. In other words, Florida can repair today at little expense Eighth Amendment problems that may prove catastrophic tomorrow. And Florida, full as it is of able sailors, should know not to spoil the ship for a halfpennyworth of tar

\u3cem\u3eHurst v. Florida\u3c/em\u3e’s Ha’p’orth of Tar: The Need to Revisit \u3cem\u3eCaldwell, Clemons, and Proffitt\u3c/em\u3e

In Hurst v. Florida, the Supreme Court held Florida’s death penalty scheme violated the Sixth Amendment because judges, rather than juries, found sentencing facts necessary to impose death. That Sixth Amendment ruling has implications for Florida’s Eighth Amendment jurisprudence. Under the Eighth Amendment rule of Caldwell v. Mississippi, capital juries must appreciate their responsibility for death sentencing. Yet, Florida has instructed juries that their fact-findings merely support sentencing recommendations, while leaving the ultimate sentencing decision to a judge. Because Hurst clarifies that the Sixth Amendment requires juries to find the operative set of facts on which sentences are actually determined, Florida must revisit whether its capital juries have felt the full weight of their proper constitutional role. Under the Eighth Amendment rule of Clemons v. Mississippi, appellate courts may reweigh sentencing facts and conduct harmless error analyses after finding an invalid aggravating factor was used at sentencing. Florida has permitted Clemons review on judge-found facts. After Hurst, Florida must revisit whether such review required sentencing facts found by juries. Florida’s pre-Hurst death penalty scheme was held to satisfy the Eighth Amendment in Proffitt v. Florida. That holding relied on the involvement of juries in finding sentencing facts and automatic review by the Florida Supreme Court. Hurst makes clear that Florida juries had no involvement in finding sentencing facts, and appellate review was based on facts improperly found by judges. Hurst, therefore, requires that Florida revisit Proffitt. Repairs to Florida’s Eighth Amendment jurisprudence should be made in the immediate aftermath of Hurst, while the finality of pre-Hurst death sentences already must be disturbed to satisfy the Sixth. In other words, Florida can repair today at little expense Eighth Amendment problems that may prove catastrophic tomorrow. And Florida, full as it is of able sailors, should know not to spoil the ship for a halfpennyworth of tar

Dissent Repression Nexus in the Middle East 2006

The University Archives has determined that this item is of continuing value to OSU's history.The Middle East is often said to be caught in a never-ending spiral of dissent and repression influencing almost all aspects of existence. This “dissent/repression nexus” is critical because the Middle East sits at the crossroads of three continents, contains vast reserves of natural resources, and its conflicts have spilled into other parts of the globe.University of KansasTrinity University (San Antonio, Tex.)University of MarylandResearch project for Fiscal Year 2005-0

Dissent Repression Nexus in the Middle East 2006

The University Archives has determined that this item is of continuing value to OSU's history.The Middle East is often said to be caught in a never-ending spiral of dissent and repression influencing almost all aspects of existence. This “dissent/repression nexus” is critical because the Middle East sits at the crossroads of three continents, contains vast reserves of natural resources, and its conflicts have spilled into other parts of the globe.University of KansasTrinity University (San Antonio, Tex.)University of MarylandResearch project for Fiscal Year 2005-0

Proteomic analysis of heart failure hospitalization among patients with chronic kidney disease: The Heart and Soul Study.

BACKGROUND:Patients with chronic kidney disease (CKD) are at increased risk for heart failure (HF). We aimed to investigate differences in proteins associated with HF hospitalizations among patients with and without CKD in the Heart and Soul Study. METHODS AND RESULTS:We measured 1068 unique plasma proteins from baseline samples of 974 participants in The Heart and Soul Study who were followed for HF hospitalization over a median of 7 years. We sequentially applied forest regression and Cox survival analyses to select prognostic proteins. Among participants with CKD, four proteins were associated with HF at Bonferroni-level significance (p<2.5x10(-4)): Angiopoietin-2 (HR[95%CI] 1.45[1.33, 1.59]), Spondin-1 (HR[95%CI] 1.13 [1.06, 1.20]), tartrate-resistant acid phosphatase type 5 (HR[95%CI] 0.65[0.53, 0.78]) and neurogenis locus notch homolog protein 1 (NOTCH1) (HR[95%CI] 0.67[0.55, 0.80]). These associations persisted at p<0.01 after adjustment for age, estimated glomerular filtration and history of HF. CKD was a significant interaction term in the associations of NOTCH1 and Spondin-1 with HF. Pathway analysis showed a trend for higher representation of the Cardiac Hypertrophy and Complement/Coagulation pathways among proteins prognostic of HF in the CKD sub-group. CONCLUSIONS:These results suggest that markers of heart failure differ between patients with and without CKD. Further research is needed to validate novel markers in cohorts of patients with CKD and adjudicated HF events

The Effect of Transaction Size on Off-the-Run Treasury Prices

A price pressure effect is implied by segmentation in the market for a security. An empirical property of a segmented market is that the price of the security is sensitive to supply and demand conditions for that specific security, absent changes in risk and absent any new information. This paper examines intra-day trading data from the inter-dealer broker market for U.S. Treasury securities and finds that there is a price pressure effect in the off-the-run Treasury market. Thus, securities that would appear to be very close substitutes, i.e., on-the-run and off-the-run Treasury bonds, behave as if there is some degree of market segmentation. There have been several studies of price pressure in the equity market and Treasury bill market but this is the first study of the off-the-run Treasury note and bond market to investigate a price pressure effect using intra-day data. It is also the first study to analyze price pressure through matched pairs of securities that differ only in liquidity and with high frequency data.