Elements, Sentencing Factors, and the Right to a Jury Trial: An Analysis of Legislative Power and Its Limits

A criminal defendant\u27s sentence is determined not only by facts that must be proven to a jury at trial ( elements of an offense), but also by facts proven to a judge at a sentencing hearing ( sentencing factors ). Perhaps surprisingly, sentencing factors, such as how a firearm was used, may account for a greater proportion of a defendant\u27s term of imprisonment than elements of the offense. This is worrisome because sentencing hearings are procedurally relaxed in comparison to trials and because the government does not include sentencing factors in its indictment, which means a defendant cannot predict how sentencing factors could impact his or her length of imprisonment

Atypical Actors and Tort Law\u27s Expressive Function

The longstanding rule that tort law ignores a person’s cognitive disability in determining whether the person’s conduct was negligent has been consistently criticized as unfair and illogical. This Article challenges those common criticisms. Focusing on the law’s expressive function and the goals of the disability rights movement, the Article argues that the current rule is potentially more progressive than the alternative. However, the rule’s articulated justifications may inadvertently perpetuate stereotypes about cognitive disability. Thus, the Article suggests ways in which courts can retain the current rule without causing expressive harm

Pre-K Counts in Pennsylvania for Youngsters' Early School Success: Authentic Outcomes for an Innovative Prevention and Promotion Initiative

Examines the research base for the efficacy of early childhood education. Evaluates Pennsylvania's Pre-K Counts programs, including participants' characteristics, impact and quality of programs and partnerships, lessons learned, and recommendations

Estimating performance characteristics through observed nash equilibria

This article uses simple game models to investigate penalty kick shootouts in soccer. As opposed to existing research, which mainly focuses on empirical/experimental problems, the game itself is the main focus here. Interesting ndings include a proposed Nash equilibrium invariance for possible preference di erences between penalty kick Executors and Keepers as well as identi cation and demonstration of how game models may be used in order to estimate player performance characteristics through observed Nash equilibria outcomes. A non-mixed strategy Nash equilibrium is also shown to be possible with potential interesting consequences for goal keepers

Hellman-Feynman operator sampling in Diffusion Monte Carlo calculations

Diffusion Monte Carlo (DMC) calculations typically yield highly accurate results in solid-state and quantum-chemical calculations. However, operators that do not commute with the Hamiltonian are at best sampled correctly up to second order in the error of the underlying trial wavefunction, once simple corrections have been applied. This error is of the same order as that for the energy in variational calculations. Operators that suffer from these problems include potential energies and the density. This paper presents a new method, based on the Hellman-Feynman theorem, for the correct DMC sampling of all operators diagonal in real space. Our method is easy to implement in any standard DMC code

Thermal issues for the optical transition radiation screen for the ELI-NP compton gamma source

A high brightness electron LINAC is being built in the Compton Gamma Source at the ELI Nuclear Physics facility in Romania. To achieve the design luminosity, a train of 32 bunches, 16 ns spaced, with a nominal charge of 250 pC will collide with a laser beam in two interaction points. Electron beam spot size is measured with Optical Transition Radiation (OTR) profile monitors. In order to measure the beam properties, the OTR screens must sustain the thermal and mechanical stress due to the energy deposited by bunches. This paper is an ANSYS study of the issues due to the high energy transferred to the OTR screens. Thermal multicycle analysis will be shown; each analysis will be followed by a structural analysis in order to investigate the performance of the materia

Pembrolizumab alone or in combination with chemotherapy as first-line therapy for patients with advanced gastric or gastroesophageal junction adenocarcinoma: results from the phase II nonrandomized KEYNOTE-059 study

BACKGROUND: The multicohort, phase II, nonrandomized KEYNOTE-059 study evaluated pembrolizumab ± chemotherapy in advanced gastric/gastroesophageal junction cancer. Results from cohorts 2 and 3, evaluating first-line therapy, are presented. METHODS: Patients ≥ 18 years old had previously untreated recurrent or metastatic gastric/gastroesophageal junction adenocarcinoma. Cohort 3 (monotherapy) had programmed death receptor 1 combined positive score ≥ 1. Cohort 2 (combination therapy) received pembrolizumab 200 mg on day 1, cisplatin 80 mg/m2 on day 1 (up to 6 cycles), and 5-fluorouracil 800 mg/m2 on days 1-5 of each 3-week cycle (or capecitabine 1000 mg/m2 twice daily in Japan). Primary end points were safety (combination therapy) and objective response rate per Response Evaluation Criteria in Solid Tumors version 1.1 by central review, and safety (monotherapy). RESULTS: In the combination therapy and monotherapy cohorts, 25 and 31 patients were enrolled; median follow-up was 13.8 months (range 1.8-24.1) and 17.5 months (range 1.7-20.7), respectively. In the combination therapy cohort, grade 3/4 treatment-related adverse events occurred in 19 patients (76.0%); none were fatal. In the monotherapy cohort, grade 3-5 treatment-related adverse events occurred in seven patients (22.6%); one death was attributed to a treatment-related adverse event (pneumonitis). The objective response rate was 60.0% [95% confidence interval (CI), 38.7-78.9] (combination therapy) and 25.8% (95% CI 11.9-44.6) (monotherapy). CONCLUSIONS: Pembrolizumab demonstrated antitumor activity and was well tolerated as monotherapy and in combination with chemotherapy in patients with previously untreated advanced gastric/gastroesophageal junction adenocarcinoma