618 research outputs found

    Substitute and Complement Theories of Judicial Review

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    Constitutional theory has hypothesized two distinct and contradictory ways in which judicial review may interact with external political and social support. One line of scholarship has argued that judicial review and external support are substitutes. Thus, “political safeguard” theorists of American federalism and the separation of powers argue that these constitutional values are enforced through the political branches, making judicial review unnecessary. However, a separate line of work, mostly composed of social scientists examining rights issues, argues that the relationship between courts and outside support is complementary—judges are unlikely to succeed in their projects unless they have sufficient assistance from political and social actors. The coexistence of these two different theories, which has gone unnoticed by scholars, has important implications for both U.S. and comparative constitutional theory. Close examination demonstrates that the simple classifications suggested in existing work—that the substitute logic applies to constitutional structure while the complement logic applies to rights, for example—are incorrect. Instead, courts face a much more complex reality, with both logics being distributed broadly across a range of issues, forms of support, and contexts. To be successful, courts must maximize their relationship with their external support structures, both by targeting issues where levels of support render review neither futile nor redundant, and by shaping their judgments to increase the amount of support they receive from political, civil society, and international actors. This Article draws on numerous examples drawn from both established and new democracies to demonstrate the plausibility of these tasks, and ultimately to highlight the utility of a theory of judicial review that emphasizes judicial consideration of external support

    Civil Liberties and Criminal Code Reform

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    Civil Liberties and Criminal Code Reform

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    Quantum Mechanics in Non-Inertial Frames with a Multi-Temporal Quantization Scheme: II) Non-Relativistic Particles

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    The non-relativistic version of the multi-temporal quantization scheme of relativistic particles in a family of non-inertial frames (see hep-th/0502194) is defined. At the classical level the description of a family of non-rigid non-inertial frames, containing the standard rigidly linear accelereted and rotating ones, is given in the framework of parametrized Galilei theories. Then the multi-temporal quantization, in which the gauge variables, describing the non-inertial effects, are not quantized but considered as c-number generalized times, is applied to non relativistic particles. It is shown that with a suitable ordering there is unitary evolution in all times and that, after the separation of center of mass, it is still possible to identify the inertial bound states. The few existing results of quantization in rigid non-inertial frames are recovered as special cases

    Microcanonical entropy inflection points: Key to systematic understanding of transitions in finite systems

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    We introduce a systematic classification method for the analogs of phase transitions in finite systems. This completely general analysis, which is applicable to any physical system and extends towards the thermodynamic limit, is based on the microcanonical entropy and its energetic derivative, the inverse caloric temperature. Inflection points of this quantity signal cooperative activity and thus serve as distinct indicators of transitions. We demonstrate the power of this method through application to the long-standing problem of liquid-solid transitions in elastic, flexible homopolymers.Comment: 4 pages, 3 figure

    Cloning of terminal transferase cDNA by antibody screening

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    A cDNA library was prepared from a terminal deoxynucleotidyltransferase-containing thymoma in the phage vector λgt11. By screening plaques with anti-terminal transferase antibody, positive clones were identified of which some had β-galactosidase-cDNA fusion proteins identifiable after electrophoretic fractionation by immunoblotting with anti-terminal transferase antibody. The predominant class of cross-hybridizing clones was determined to represent cDNA for terminal transferase by showing that one representative clone hybridized to a 2200-nucleotide mRNA in close-matched enzyme-positive but not to enzyme-negative cells and that the cDNA selected a mRNA that translated to give a protein of the size and antigenic characteristics of terminal transferase. Only a small amount of genomic DNA hybridized to the longest available clone, indicating that the sequence is virtually unique in the mouse genome

    Dynamics of Phase Behavior of a Polymer Blend Under Shear Flow

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    We study the dynamics of the phase behavior of a polymer blend in the presence of shear flow. By adopting a two fluid picture and using a generalization of the concept of material derivative, we construct kinetic equations that describe the phase behavior of polymer blends in the presence of external flow. A phenomenological form for the shear modulus for the blend is proposed. The study indicates that a nonlinear dependence of the shear modulus of the blend on the volume fraction of one of the species is crucial for a shift in the stability line to be induced by shear flow.Comment: 16 pages, late

    Exploring Replica-Exchange Wang-Landau sampling in higher-dimensional parameter space

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    We considered a higher-dimensional extension for the replica-exchange Wang-Landau algorithm to perform a random walk in the energy and magnetization space of the two-dimensional Ising model. This hybrid scheme combines the advantages of Wang-Landau and Replica-Exchange algorithms, and the one-dimensional version of this approach has been shown to be very efficient and to scale well, up to several thousands of computing cores. This approach allows us to split the parameter space of the system to be simulated into several pieces and still perform a random walk over the entire parameter range, ensuring the ergodicity of the simulation. Previous work, in which a similar scheme of parallel simulation was implemented without using replica exchange and with a different way to combine the result from the pieces, led to discontinuities in the final density of states over the entire range of parameters. From our simulations, it appears that the replica-exchange Wang-Landau algorithm is able to overcome this difficulty, allowing exploration of higher parameter phase space by keeping track of the joint density of states.Comment: Proceedings of CCP2014 will appear in Journal of Physics: Conference Series (JPCS), published by the IO

    Stretching Instability of Helical Spring

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    We show that when a gradually increasing tensile force is applied to the ends of a helical spring with sufficiently large ratios of radius to pitch and twist to bending rigidity, the end-to-end distance undergoes a sequence of discontinuous stretching transitions. Subsequent decrease of the force leads to step-like contraction and hysteresis is observed. For finite helices, the number of these transitions increases with the number of helical turns but only one stretching and one contraction instability survive in the limit of an infinite helix. We calculate the critical line that separates the region of parameters in which the deformation is continuous from that in which stretching instabilities occur, and propose experimental tests of our predictions.Comment: 5 pages, 4 figure
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