Separating Crime from Punishment: The Constitutional Implications of United States v. Halper

Last Term, the Supreme Court in United States v. Halper, unanimously created a rule of law that will disrupt federal, state, and local governments\u27 ability to enforce a vast array of important regulatory schemes, including environmental protection, securities regulation, and tax collection. This likely disruption flows from the Court\u27s recognition that certain constitutional protections, previously thought only available to criminal defendants, are at times equally accessible to civil defendants from whom government is attempting to collect civil penalties for proscribed activity. While the Court\u27s decision in Halper focused only on the extension of the double jeopardy clause to civil penalty proceedings, its reasoning and holding are sufficiently broad to allow the application of other constitutional protections to government-initiated civil penalty cases. These additional constitutional protections could include the eighth amendment, the self-incrimination clause of the fifth amendment, and the trial guarantees of the sixth amendment. In essence, all of the positions taken by the Halper Court lead to the overarching principle of the case: Once a court determines that awarding a civil penalty in a particular case serves the aims of retribution and deterrence, then the civil penalty as applied to that case creates the kind of punishment which triggers certain constitutional protections traditionally afforded only criminal defendants. The simplicity of this principle hides the radical points of departure it signals. This Article will discuss and analyze these points of departure in order to establish the danger the Halper doctrine poses to the orderly process of government

Guidelines For Specifying And Evaluating New And Rerated Multistage Centrifugal Compressors.

Tutorialpg. 215-232Refineries, petrochemical companies, and gas processors are continually trying to increase plant production while budgets are getting tighter. Rerating process centrifugal compressors has become an ever-increasing trend as a solution to this problem. Existing hardware, however, has its limitations. The limiting factors can be different for different applications of the same equipment. When rerating existing compressors cannot adequately meet increased compression production demands, new equipment must be added to an existing plant or a new plant must be built. Both of these scenarios require the purchase of new compressors. Realizing that eventually a new plant may expand or increase production to respond to increased demand, and that the differential cost for a new compressor is high, it makes sense to consider the future uprateability of new compressors when they are initially purchased and built. Discussions in this paper will give the rotating equipment engineer guidance when evaluating the design of a centrifugal compressor--either new or rerated, including a list of items that should be reviewed; and guidelines that should be followed. A case study and examples will be used to emphasize and help explain the various limiting factors for both new and rerated multistage centrifugal compressors. Cost implications and tradeoffs along with the impact on reliability will also be analyzed. With this information, the rotating equipment engineer will be able to work with process engineers to effectively optimize compressor hardware selections for the required process duty

Search for New Physics with a Monojet and Missing Transverse Energy in pp Collisions at √s= 7 TeV

A study of events with missing transverse energy and an energetic jet is performed using pp collision data at a center-of-mass energy of 7 TeV. The data were collected by the CMS detector at the LHC, and correspond to an integrated luminosity of 36 pb-1. An excess of these events over standard model contributions is a signature of new physics such as large extra dimensions and unparticles. The number of observed events is in good agreement with the prediction of the standard model, and significant extension of the current limits on parameters of new physics benchmark models is achieved

Measurement of the t-Channel Single Top Quark Production Cross Section in pp̅ Collisions at √s= 7 TeV

Electroweak production of the top quark is measured for the first time in pp collisions at √s= 7 TeV, using a data set collected with the CMS detector at the LHC and corresponding to an integrated luminosity of 36 pb-1. With an event selection optimized for t-channel production, two complementary analyses are performed. The first one exploits the special angular properties of the signal, together with background estimates from the data. The second approach uses a multivariate analysis technique to probe the compatibility with signal topology expected from electroweak top-quark production. The combined measurement of the cross section is 83.6±29.8 (stat + syst) ± 3.3 (lumi) pb, consistent with the standard model expectation

Search for New Physics with a Monojet and Missing Transverse Energy in pp Collisions at √s= 7 TeV

A study of events with missing transverse energy and an energetic jet is performed using pp collision data at a center-of-mass energy of 7 TeV. The data were collected by the CMS detector at the LHC, and correspond to an integrated luminosity of 36 pb-1. An excess of these events over standard model contributions is a signature of new physics such as large extra dimensions and unparticles. The number of observed events is in good agreement with the prediction of the standard model, and significant extension of the current limits on parameters of new physics benchmark models is achieved