Call to Police the Margins: The Eighth Circuit\u27s Expansion of Miranda\u27s Public-Safety Exception, A

The right of every citizen against compulsory self-incrimination is a principle firmly embedded in the American justice system. The Supreme Court of the United States in Miranda v. Arizona, a decision that has established itself in the public consciousness, found the abuses of law enforcement so grave that the Court mandated certain prophylactic measures to protect Fifth Amendment rights. In doing so, the Court recognized that it was balancing the interest of protecting individuals\u27 Fifth Amendment rights against the potential detrimental costs to effective law enforcement. In New York v. Quarles, the Supreme Court found a public policy exception to Miranda where there were exigent circumstances that constituted a sufficient risk to public safety, which then justified disregarding Miranda\u27s prophylactic measures in favor of effective law enforcement. An immediate and serious danger to public safety could upset the balance of public interests protected by Miranda, and Quarles\u27s new exception sought to regain that balance. In subsequent years, the public-safety exception has undergone an expansion beyond the exigency requirement originally articulated in Quarles. The United States Court of Appeals for the Eighth Circuit has disregarded immediacy as being absolutely necessary in finding the public-safety exception to Miranda. In United States v. Liddell, the Eighth Circuit held that the public-safety exception applies to circumstances in which there is potential harm to police officers if there is an objectively reasonable belief that they may mishandle or happen upon an inherently dangerous item. In finding the public-safety exception applicable in these circumstances, the Eighth Circuit has upset the balance struck by the Supreme Court in Miranda and Quarles and ought to re-examine the exception to bring it back within its original conception - one rooted in exigency

There but for the Grace of God Go I: The Right of Cross-Examination in Social Security Disability Hearings

The Eighth Circuit directly addressed this issue in Passmore v. Astrue and joined the group of circuits that follow the qualified right approach, which maintains that a social security claimant does not have an absolute right to cross-examine reporting physicians. In doing so, however, the Eighth Circuit relied on long-held assumptions, and its judgment may warrant re-evaluation to ensure that the rights of social security claimants are best protected. The circuit split on this issue is reflective of competing values that are practically inevitable in light of the tension between efficiency and justice, and both approaches will be evaluated in terms of judicial reasoning and policy. The rise of the administrative state presents daunting challenges in terms of cost and administration, but this should not deter the courts from stepping in to ensure that the rights of citizens are protected. The growth, overwhelming complexity, and extensive reach of the administrative state should not deter scrutiny but provide all the more reason to fiercely scrutinize its procedures in light of the guarantees of the Due Process Clause of the Constitution

A network-based dynamical ranking system for competitive sports

From the viewpoint of networks, a ranking system for players or teams in sports is equivalent to a centrality measure for sports networks, whereby a directed link represents the result of a single game. Previously proposed network-based ranking systems are derived from static networks, i.e., aggregation of the results of games over time. However, the score of a player (or team) fluctuates over time. Defeating a renowned player in the peak performance is intuitively more rewarding than defeating the same player in other periods. To account for this factor, we propose a dynamic variant of such a network-based ranking system and apply it to professional men's tennis data. We derive a set of linear online update equations for the score of each player. The proposed ranking system predicts the outcome of the future games with a higher accuracy than the static counterparts.Comment: 6 figure

Family Planning Decisions, Perceptions and Gender Dynamics among Couples in Mwanza, Tanzania: A Qualitative Study.

Contraceptive use is low in developing countries which are still largely driven by male dominated culture and patriarchal values. This study explored family planning (FP) decisions, perceptions and gender dynamics among couples in Mwanza region of Tanzania. Twelve focus group discussions and six in-depth interviews were used to collect information from married or cohabiting males and females aged 18-49. The participants were purposively selected. Qualitative methods were used to explore family planning decisions, perceptions and gender dynamics among couples. A guide with questions related to family planning perceptions, decisions and gender dynamics was used. The discussions and interviews were tape-recorded, transcribed verbatim and analyzed manually and subjected to content analysis. Four themes emerged during the study. First, "risks and costs" which refer to the side effects of FP methods and the treatment of side -effects as well as the costs inherit in being labeled as an unfaithful spouse. Second, "male involvement" as men showed little interest in participating in family planning issues. However, the same men were mentioned as key decision-makers even on the number of children a couple should have and the child spacing of these children. Third, "gender relations and communication" as participants indicated that few women participated in decision-making on family planning and the number of children to have. Fourth, "urban-rural differences", life in rural favoring having more children than urban areas therefore, the value of children depended on the place of residence. Family Planning programs should adapt the promotion of communication as well as joint decision-making on FP among couples as a strategy aimed at enhancing FP use

Designed Azolopyridinium Salts Block Protective Antigen Pores In Vitro and Protect Cells from Anthrax Toxin

Background:Several intracellular acting bacterial protein toxins of the AB-type, which are known to enter cells by endocytosis, are shown to produce channels. This holds true for protective antigen (PA), the binding component of the tripartite anthrax-toxin of Bacillus anthracis. Evidence has been presented that translocation of the enzymatic components of anthrax-toxin across the endosomal membrane of target cells and channel formation by the heptameric/octameric PA63 binding/translocation component are related phenomena. Chloroquine and some 4-aminoquinolones, known as potent drugs against Plasmodium falciparium infection of humans, block efficiently the PA63-channel in a dose dependent way.Methodology/Principal Findings:Here we demonstrate that related positively charged heterocyclic azolopyridinium salts block the PA63-channel in the μM range, when both, inhibitor and PA63 are added to the same side of the membrane, the cis-side, which corresponds to the lumen of acidified endosomal vesicles of target cells. Noise-analysis allowed the study of the kinetics of the plug formation by the heterocycles. In vivo experiments using J774A.1 macrophages demonstrated that the inhibitors of PA63-channel function also efficiently block intoxication of the cells by the combination lethal factor and PA63 in the same concentration range as they block the channels in vitro.Conclusions/Significance:These results strongly argue in favor of a transport of lethal factor through the PA63-channel and suggest that the heterocycles used in this study could represent attractive candidates for development of novel therapeutic strategies against anthrax. © 2013 Beitzinger et al

Mixed emotions to near-miss outcomes: a psychophysiological study with facial electromyography

Near-misses occur across many forms of gambling and are rated as unpleasant while simultaneously increasing the motivation to continue playing. On slot machines, the icon position relative to the payline moderates the effects of near-misses, with near-misses before the payline increasing motivation, and near-misses after the payline being rated as aversive. Near-misses are also known to increase physiological arousal compared to full-misses, but physiological measures to date have not been able to dissociate positive and negative emotional responses. The present study measured facial electromyography at the corrugator (brow) and zygomaticus (cheek) sites, as well as electrodermal activity (EDA), following gambling outcomes on a two-reel slot machine simulation in 77 novice gamblers. Behavioral data was collected using trial-by-trial ratings of motivation and valence. Wins were rated as more pleasant and increased motivation to continue playing, compared to non-win outcomes. Wins were also accompanied by increased EDA and zygomaticus activity. Near-misses after the payline were rated as more aversive than other non-wins, and this was accompanied by increased EDA and zygomaticus activity. Near-misses before the payline increased motivation to continue playing, and were accompanied by increased EDA. Thus, both subjective and physiological responses to near-misses differ for events falling either side of the payline. The ‘near-miss effect’ is not a unitary phenomenon. Facial EMG has differential sensitivity to positive and negative valence and may be a useful measure for future studies of gambling behavior

Skunk River Review September 1990, vol 2

https://openspace.dmacc.edu/skunkriver/1005/thumbnail.jp

Sport for Yes? The role of sporting issues in pro-independence political discourse during the Scottish independence referendum campaign

This article critically considers the extent to which sporting issues were harnessed by pro-independence political campaigners during the Scottish independence referendum campaign. Developments such as the inclusion of sport within the Scottish Government’s White Paper on Scottish independence, the establishment of the ‘Working Group on Scottish Sport’ and the establishment of the ‘Sport for Yes’ campaign group demonstrate the harnessing of sporting issues as an additional, if somewhat peripheral, debate point in the referendum campaigns (Lafferty 2014, Scottish Government 2013, Working Group on Scottish Sport and Scottish Government 2013, 2014). The latter of these developments, the establishment of the ‘Sport for Yes’ campaign group, is of particular interest, offering evidence of the explicit political mobilisation of past and present athletes in support of the ‘Yes Scotland’ pro-independence campaign. The use of sport within pro-independence political discourse is therefore scrutinised, drawing upon the principles of critical discourse analysis to explore the ideological assumptions underpinning the discursive representation of sport in relation to Scottish independence