Creature of the state? : homeschooling, the law, human rights, and parental autonomy

The demarcation of authority between parents and the State regarding education of children has become an increasingly complex issue over the past three decades. During the same period the number of parents around the world choosing educational alternatives such as homeschooling has grown exponentially, causing significant legislative and jurisprudential shifts in the United States as well as other Western nations. If the State is responsible for education or has a significant interest therein, then it must have broad authority by which to prescribe the method, mechanism, and acceptable outcomes of education; it must also be able to review and enforce these desired outcomes. If parents, on the other hand, are responsible, then it is the State’s duty to defer to parents absent a compelling reason to interfere. A survey of the philosophical foundations from ancient to modern times demonstrates the tension between the State and parents in the realm of education; however, modern human rights norms contained in post-1945 international human rights documents provide explicit grounds on which the State must defer to parental choice in education

Sentencing by Ambush: An Insider\u27s Perspective on Plea Bargaining Reform

The vast majority of cases in our state criminal justice system are resolved not by proceeding to trial but through negotiated plea agreements. These are contracts between the government and the accused in which both sides are negotiating for some form of benefit in the ultimate resolution. In this article, Justice Donnelly exposes what he sees as a flaw in the system in the manner in which trial court judges oversee this process of negotiation. In a significant number of cases, the state induces defendants to enter into a guilty plea with no certain sentence, amounting to an illusory agreement that confers little if any benefit on the accused. Because the sentencing court is not bound by the parties’ agreement, this flawed process exposes the accused to sentencing by ambush

Strength distribution of repeatedly broken chains

We determine the probability distribution of the breaking strength for chains of N links, which have been produced by repeatedly breaking a very long chain.Comment: 4 pages, 1 figur

Reconstructing 7000 years of North Atlantic hurricane variability using deep-sea sediment cores from the western Great Bahama Bank

Author Posting. © American Geophysical Union, 2013. This article is posted here by permission of American Geophysical Union for personal use, not for redistribution. The definitive version was published in Paleoceanography 28 (2013): 31–41, doi:10.1002/palo.20012.Available overwash records from coastal barrier systems document significant variability in North Atlantic hurricane activity during the late Holocene. The same climate forcings that may have controlled cyclone activity over this interval (e.g., the West African Monsoon, El Niño–Southern Oscillation (ENSO)) show abrupt changes around 6000 yrs B.P., but most coastal sedimentary records do not span this time period. Establishing longer records is essential for understanding mid-Holocene patterns of storminess and their climatic drivers, which will lead to better forecasting of how climate change over the next century may affect tropical cyclone frequency and intensity. Storms are thought to be an important mechanism for transporting coarse sediment from shallow carbonate platforms to the deep-sea, and bank-edge sediments may offer an unexplored archive of long-term hurricane activity. Here, we develop this new approach, reconstructing more than 7000 years of North Atlantic hurricane variability using coarse-grained deposits in sediment cores from the leeward margin of the Great Bahama Bank. High energy event layers within the resulting archive are (1) broadly correlated throughout an offbank transect of multi-cores, (2) closely matched with historic hurricane events, and (3) synchronous with previous intervals of heightened North Atlantic hurricane activity in overwash reconstructions from Puerto Rico and elsewhere in the Bahamas. Lower storm frequency prior to 4400 yrs B.P. in our records suggests that precession and increased NH summer insolation may have greatly limited hurricane potential intensity, outweighing weakened ENSO and a stronger West African Monsoon—factors thought to be favorable for hurricane development.This research was supported by awards from the Division of Ocean Sciences and the Division of Atmospheric and Geospace Sciences of the National Science Foundation to William B. Curry and an NSERC Post-Doctoral Fellowship to Peter van Hengstum.2013-09-1

Increased hurricane frequency near Florida during Younger Dryas Atlantic Meridional Overturning Circulation slowdown

Author Posting. © The Author(s), 2017. This is the author's version of the work. It is posted here under a nonexclusive, irrevocable, paid-up, worldwide license granted to WHOI. It is made available for personal use, not for redistribution. The definitive version was published in Geology 45 (2017): 1047-1050, doi:10.1130/G39270.1.The risk posed by intensification of North Atlantic hurricane activity remains controversial, in part due to a lack of available storm proxy records that extend beyond the relatively stable climates of the late Holocene. Here we present a record of storm-triggered turbidite deposition offshore the Dry Tortugas, south Florida, USA, that spans abrupt transitions in North Atlantic sea-surface temperature and Atlantic Meridional Overturning Circulation (AMOC) during the Younger Dryas (12.9–11.7 k.y. B.P.). Despite potentially hostile conditions for cyclogenesis in the tropical North Atlantic at this time, our record and numerical experiments suggest that strong hurricanes may have regularly impacted Florida. Less severe surface cooling at mid-latitudes (~20–40°N) than across much of the tropical North Atlantic (~10–20°N) in response to AMOC reduction may best explain strong hurricane activity during the Younger Dryas near the Dry Tortugas and, potentially, along the entire southeastern coast of the United States.This work was supported by the U. S. Geological Survey Climate and Land Use Change Research and Development Program (Toomey), the Woods Hole Oceanographic Institution Ocean and Climate Change Institute (Toomey) and National Science Foundation grants (OCE-1356708 to Donnelly; 1356509 to van Hengstum)

Seismic evidence of glacial-age river incision into the Tahaa barrier reef, French Polynesia

This paper is not subject to U.S. copyright. The definitive version was published in Marine Geology 380 (2016): 284–289, doi:10.1016/j.margeo.2016.04.008.Rivers have long been recognized for their ability to shape reef-bound volcanic islands. On the time-scale of glacial–interglacial sea-level cycles, fluvial incision of exposed barrier reef lagoons may compete with constructional coral growth to shape the coastal geomorphology of ocean islands. However, overprinting of Pleistocene landscapes by Holocene erosion or sedimentation has largely obscured the role lowstand river incision may have played in developing the deep lagoons typical of modern barrier reefs. Here we use high-resolution seismic imagery and core stratigraphy to examine how erosion and/or deposition by upland drainage networks has shaped coastal morphology on Tahaa, a barrier reef-bound island located along the Society Islands hotspot chain in French Polynesia. At Tahaa, we find that many channels, incised into the lagoon floor during Pleistocene sea-level lowstands, are located near the mouths of upstream terrestrial drainages. Steeper antecedent topography appears to have enhanced lowstand fluvial erosion along Tahaa's southwestern coast and maintained a deep pass. During highstands, upland drainages appear to contribute little sediment to refilling accommodation space in the lagoon. Rather, the flushing of fine carbonate sediment out of incised fluvial channels by storms and currents appears to have limited lagoonal infilling and further reinforced development of deep barrier reef lagoons during periods of highstand submersion.This project was supported by a Jackson School Distinguished Postdoctoral Fellowship to Michael Toomey and the WHOI Coastal Ocean Institute and Ocean and Climate Change Institute