Common Law Decision-Making, Constitutional Shadows, and the Value of Consistency: The Jurisprudence of William F. Batchelder

[Excerpt] “This is an essay about common law decision-making, with an emphasis on the value of consistency as it relates to claims about the legitimacy of judicial lawmaking. The legitimacy of judicial lawmaking is ever an issue, particularly, of course, in the cases at the margins—those instances in which precedent points the court in no obviously correct direction, a choice must be made between plausible alternative paths, and “a decision one way or the other,” as Benjamin Cardozo observed, “will count for the future, will advance or retard, sometimes much, sometimes little, the development of the law.”

Predicting and Understanding Order of Heteroepitaxial Quantum Dots

Heteroepitaxial self-assembled quantum dots (SAQDs) will allow breakthroughs in electronics and optoelectronics. SAQDs are a result of Stranski-Krastanow growth whereby a growing planar film becomes unstable after an initial wetting layer is formed. Common systems are Ge$_{x}$Si$_{1-x}$/Si and In$_{x}$Ga$_{1-x}$As/GaAs. For applications, SAQD arrays need to be ordered. The role of crystal anisotropy, random initial conditions and thermal fluctuations in influencing SAQD order during early stages of SAQD formation is studied through a simple stochastic model of surface diffusion. Surface diffusion is analyzed through a linear and perturbatively nonlinear analysis. The role of crystal anisotropy in enhancing SAQD order is elucidated. It is also found that SAQD order is enhanced when the deposited film is allowed to evolve at heights near the critical wetting surface height that marks the onset of non-planar film growth.Comment: under revie

Anisotropy and Order of Epitaxial Self-Assembled Quantum Dots

Epitaxial self-assembled quantum dots (SAQDs) represent an important step in the advancement of semiconductor fabrication at the nanoscale that will allow breakthroughs in electronics and optoelectronics. In these applications, order is a key factor. Here, the role of crystal anisotropy in promoting order during early stages of SAQD formation is studied through a linear analysis of a commonly used surface evolution model. Elastic anisotropy is used a specific example. It is found that there are two relevant and predictable correlation lengths. One of them is related to crystal anisotropy and is crucial for determining SAQD order. Furthermore, if a wetting potential is included in the model, it is found that SAQD order is enhanced when the deposited film is allowed to evolve at heights near the critical surface height for three-dimensional film growth.Comment: 11 pages, 1 figur

Erik Erikson on Negative Identity & Pseudospeciation : Extended and Particularized by Ta-Nehisi Coates

One can feel challenged in this chilling time when sundry variations of ultra-nationalism have become quite discernable in the USA, Europe, the Middle East, and parts of Africa. They have often taken the form of a rhetoric of fear and hatred toward “undesirables.” In this time of trouble in an increasingly nuclearized world, it is well to turn to Erik Erikson. His related concepts of “negative identity” and “pseudospeciation” need to be addressed more fully than they have in recent decades. Much is to be gained by both academic discussion and public debate over these two Erikson concepts. They signal elements in his “Way of Looking at Things.” More immediately, they help us address the crude and dangerous ultra-nationalisms of our time. Sensitive to the intimate relationship between the inner self and the outer social circumstances, Erikson, began in the mid and late 1940s to shape his most central concept - identity formation. It is well to refresh ourselves on the qualities he assigned to identity, for without that recall, one can hardly come to grips with his concepts of “universal Specieshood” and “pseudospeciation”, both of which emerged from it. In Childhood and Society [1], perhaps his most innovative book, Erikson displayed a marked cross-cultural perspective, comparing psychological development in several countries and cultures. While “officially” pledging fealty to Freudian psychoanalysis, Erikson was more attentive than Freud had been to ways the social circumstances of a society impacted the inner psyches of its members. Most importantly, Childhood and Society introduced the concept of an eight-stage human life cycle that was anchored in a struggle to garner and sustain personal identity. There is profit in recognizing here that Erikson’s concept of identity was initially formulated more than three decades before in his still unpublished “Manuscript von Erik.” It is the story of his Wanderschaft amidst a troubled adolescence. Identity was characterized in this narrative as a personal sense of sameness and historical continuity through which life seemed to cohere1. The “Manuscript” captured young Erik’s thoughts and tensions at the time. Identity was cast within what later came to be called the stages of the human life cycle. Indeed, it became central to these stages. The life cycle involved a person moving toward and sustaining a viable sense of identity. Long before he had even heard of Freud, the “Manuscript von Erik” essentially represented the beginning of an intellectual process that left us with Childhood and Society. The initial “Manuscript” centered on a tension between one’s inner subconscious drives and the needs of society, and this became the essence of his premier book. It is no service to scholarship that “Manuscript von Erik” has never been published and made readily available to scholars. Each of the eight stages in Erikson’s delineation of the human life cycle is to be construed as a polarity-a positive and hopeful disposition counterpointed by a pole that reduced the vibrancy of everyday existence. The first stage underscored the pole of trust that (hopefully) overshadowed the opposite pole mistrust [2]. The next stage, infancy, featured the polarity of autonomy on the one hand and shame on the other. There followed “initiative” vs. “guilt”, “industry over a sense of inferiority, the all-important quality of “identity” over “role diffusion” during adolescence, “intimacy” rather than “isolation” in young adulthood, “generativity” over “self-absorption” during midlife, and finally a sense of “integrity” over “despair” in old age. [Introduction]info:eu-repo/semantics/publishedVersio

Pillars for Progress on the Right to Health: Harnessing the Potential of Human Rights Through a Framework Convention on Global Health

Ever more constitutions incorporate the right to health, courts continue to expand their right to health jurisprudence, and communities and civil society increasingly turn to the right to health in their advocacy. Yet the right remains far from being realized. Even with steady progress on numerous fronts of global health, vast inequities at the global and national levels persist, and are responsible for millions of deaths annually. We propose a four-part approach to accelerating progress towards fulfilling the right to health: 1) national legal and policy reform, incorporating right to health obligations and principles including equity, participation, and accountability in designing, implementing, and monitoring the health sector, as well as an all-of-government approach in advancing the public\u27s health; 2) litigation, using creative legal strategies, enhanced training, and promotion of progressive judgments to increase courts\u27 effectiveness in advancing the right to health; 3) civil society and community engagement, empowering communities to understand and claim this right and building the capacity of right to health organizations; and 4) innovative global governance for health, strengthening World Health Organization leadership on health and human rights, further clarifying the international right to health, ensuring sustained and scalable development assistance, and conforming other international legal regimes (e.g., trade, intellectual property, and finance) to health and human rights norms. We offer specific steps to advance each of these areas, including how a new global health treaty, a Framework Convention on Global Health, could help construct these four pillars

The United Nations Sustainable Development Goals: Achieving the Vision of Global Health with Justice

We are resolved to free the human race from the tyranny of poverty and want and to heal and secure our planet” (UN General Assembly, 2015, September 25, preamble). So pronounces the 2030 Agenda, the United Nations declaration on the Sustainable Development Goals (SDGs), adopted on September 25, 2015, succeeding the Millennium Development Goals (MDGs). If achieved, the SDGs will secure an improved level of health, development, and global justice. However, if the international community fails to live up to its commitments, an untold number of people will likely perish prematurely, people’s opportunities to thrive will be cut off, social dynamics will continue to leave people behind, and unsustainable environmental pathways will create risks to the health and well-being of generations to come. Here, we systematically review the MDGs—specifically, their formation, achievements, and shortcomings. Next, we review the transition to the SDGs—how they differ from the MDGs, some of the critical challenges they present, and suggestions for a response to these challenges, using a human rights-based approach. Finally, we will offer early markers to assess whether states are sincere in their commitment to longer, healthier lives for all, and offer a next step to ensure that commitment: a global health treaty based on the right to health—embodying the vision of global health with justice

Reimagining WHO: Leadership and Action for a New Director-General

Three candidates to be the next WHO Director-General remain: Tedros Adhanom Ghebreyesus, David Nabarro, and Sania Nishtar. The World Health Assembly’s ultimate choice will lead an Organization facing daunting internal and external challenges, from its own funding shortfalls to antimicrobial resistance and immense health inequities. The new Director-General must transform WHO into a 21st century institution guided by the right to health. Topping the incoming Director-General’s agenda will be a host of growing threats—risks to global health security, antimicrobial resistance, non-communicable diseases, and climate change—but also the transformative potential of the Sustainable Development Goals, including their universal health coverage target. Throughout, the next Director-General should emphasize equality, including through national health equity strategies and, more boldly still, advancing the Framework Convention on Global Health. Success in these areas will require a reinvigorated WHO, with sustainable financing, greater multi-sector engagement, enhanced accountability and transparency, and strengthened normative leadership. WHO must also evolves its governance to become far more welcoming of civil society and communities. To build the political support for these transformative changes, the Director-General will need to focus first on gaining political support. This entails improving accountability and transparency to gain member state trust, and enabling meaningful civil society participation in WHO’s governance and standing up for the right to health to gain civil society support. Ultimately, in the face of a global environment marked by heightened nationalism and xenophobia, member states must empower the next Director-General to enable WHO to be a bulwark for health and human rights, serving as an inspiring contra-example to today’s destructive politics, demonstrating that the community of nations are indeed stronger together

The Sustainable Development Goals: One-Health in the World’s Development Agenda

The Sustainable Development Goals (SDGs), adopted by the UN General Assembly in September 2015, embody a One-Health strategy—healthy people living on a habitable planet. Extending beyond the social development emphasis of the Millennium Development Goals (MDGs), which accelerated progress globally, though unequally, the SDGs also encompass a range of environmental and economic goals, with a health goal that is far more comprehensive than the infectious diseases and maternal/child health focus of the MDGs. To be achieved, the SDGs require resources and political commitment that is yet to be demonstrated. With a cost that could reach $5 trillion for the SDGs overall, achieving health targets will require a mix of increase domestic resources, including taxes on unhealthy foods and products, international assistance, and innovative financing. Annual reviews should identify and monitor threats to the SDGs, both internal contradictions and contradictory government policies such as discriminatory laws, and the necessary rights-based pathways forward. To improve accountability, health information systems with disaggregated data should be prioritized, along with independent monitoring and key governance indicators. Ambitious national benchmarks, drawing on WHO strategies and action plans, could provide markers of success for presently vague health targets. Three early indicators of progress on the health SDGs could be: 1) whether countries establish clear policies on universality, encompassing all people without discrimination, identifying and prioritizing populations with the least access; 2) whether universal health coverage fully incorporates population health; and 3) whether countries provide rapid and sustained increased funding for such necessities as adequate sanitation and nutritious food. A Framework Convention on Global Health, a global health treaty based in the right to health, could fill in critical gaps in the SDGs, creating accountability through capacity-building and compliance-enhancing mechanisms, establishing a financing framework, and ensuring right to health assessments and health in all policies. It could help establish a path forward based on equity and the right to health that would be truly transformative

Public Opinion and Strict Scrutiny Equal Protection Review: Higher Education Affirmative Action and the Future of the Equal Protection Framework

Against the background of the debate over the constitutionality of state-sponsored higher education affirmative action programs, this Essay presents an account of the modern equal protection framework that balances a normative concern for the protection of individuals from discrimination and a structural concern for the counter-majoritarian difficulty. The author suggests that state-sponsored higher education affirmative action programs may survive strict scrutiny, and that proposals urging the judicial consideration of public opinion about such programs should be rejected. Even if public opinion could be accurately gauged, it should not influence the application of strict scrutiny to such programs, or play any part in equal protection review