3,178 research outputs found

    Indian Sovereignty: Confusion Prevails—California v. Cabazon Band of Mission Indians, 107 S. Ct. 1083 (1987)

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    The most recent Indian law case before the Supreme Court, California v. Cabazon Band of Mission Indians, involved the rights of states to regulate gambling on federally recognized Indian reservations. The Court ruled in Cabazon that state regulation of tribal gambling operations was not allowed. This Note examines the Court\u27s decision, proposes a more consistent method for application of Public Law 280, and suggests adoption of a new test for Indian law decisions. The balancing test currently used by the Court, which weighs state interests in jurisdiction almost equally against Indian interests, should no longer be used in conjunction with traditional Indian preemption analysis. Instead, Indian preemption analysis should continue to favor tribal interests over state intrusion. Preserving the presumption of Indian sovereignty in federal Indian law will make future opinions more predictable and will contribute to the Indian tribes\u27 efforts to become self-sufficient

    Cross-correlation analysis of CMB with foregrounds for residuals

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    In this paper, we try to probe whether a clean CMB map obtained from the raw satellite data using a cleaning procedure is sufficiently clean. Specifically we study if there are any foreground residuals still present in the cleaned data using a cross-correlation statistic. Residual contamination is expected to be present, primarily, in the galactic plane due to the high emission from our own galaxy. A foreground mask is applied conventionally to avoid biases in the estimated quantities of interest due to foreground leakage. Here, we map foreground residuals, if present, in the unmasked region i.e., outside a CMB analysis mask. Further locally extended foreground-contaminated regions, found eventually, are studied to understand them better. The few contaminated regions thus identified may be used to slightly extend the available masks to make them more stringent.Comment: 9 pages, 6 figures, Accepted in MNRA

    Indian Sovereignty: Confusion Prevails—\u3ci\u3eCalifornia v. Cabazon Band of Mission Indians\u3c/i\u3e, 107 S. Ct. 1083 (1987)

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    The most recent Indian law case before the Supreme Court, California v. Cabazon Band of Mission Indians, involved the rights of states to regulate gambling on federally recognized Indian reservations. The Court ruled in Cabazon that state regulation of tribal gambling operations was not allowed. This Note examines the Court\u27s decision, proposes a more consistent method for application of Public Law 280, and suggests adoption of a new test for Indian law decisions. The balancing test currently used by the Court, which weighs state interests in jurisdiction almost equally against Indian interests, should no longer be used in conjunction with traditional Indian preemption analysis. Instead, Indian preemption analysis should continue to favor tribal interests over state intrusion. Preserving the presumption of Indian sovereignty in federal Indian law will make future opinions more predictable and will contribute to the Indian tribes\u27 efforts to become self-sufficient

    Shock treatment: using immersive digital realism to restage and re-examine Milgram's 'obedience to authority' research

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    This is the final version of the article. Available from Public Library of Science via the DOI in this record.Attempts to revisit Milgram's 'Obedience to Authority' (OtA) paradigm present serious ethical challenges. In recent years new paradigms have been developed to circumvent these challenges but none involve using Milgram's own procedures and asking naïve participants to deliver the maximum level of shock. This was achieved in the present research by using Immersive Digital Realism (IDR) to revisit the OtA paradigm. IDR is a dramatic method that involves a director collaborating with professional actors to develop characters, the strategic withholding of contextual information, and immersion in a real-world environment. 14 actors took part in an IDR study in which they were assigned to conditions that restaged Milgrams's New Baseline ('Coronary') condition and four other variants. Post-experimental interviews also assessed participants' identification with Experimenter and Learner. Participants' behaviour closely resembled that observed in Milgram's original research. In particular, this was evidenced by (a) all being willing to administer shocks greater than 150 volts, (b) near-universal refusal to continue after being told by the Experimenter that "you have no other choice, you must continue" (Milgram's fourth prod and the one most resembling an order), and (c) a strong correlation between the maximum level of shock that participants administered and the mean maximum shock delivered in the corresponding variant in Milgram's own research. Consistent with an engaged follower account, relative identification with the Experimenter (vs. the Learner) was also a good predictor of the maximum shock that participants administered.The main work on this paper was supported by a grant from the Australian Research Council to KM and SDR (“Reinterpreting Milgram’s Obedience Studies via Documentary Film”; DP1301108). Additional funding was provided by the Australian Research Council to SAH (“An Advanced Social Identity Approach”; FL110100199) and by the Economic and Social Research Council to SDR (“Beyond the Banality of Evil”; ES/L003104/1). The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript

    Identity economics meets identity leadership: Exploring the consequences of elevated CEO pay

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    This is the author accepted manuscript. The final version is available from the publisher via the DOI in this recordEconomists have recently proposed a theory of identity economics in which behavior is understood to be shaped by motivations associated with identities that people share with others. At the same time psychologists have proposed a theory of identity leadership in which leaders' influence flows from their creation and promotion of shared identity with followers. Exploring links between these approaches, we examine the impact of very high leader pay on followers' identification with leaders and perceptions of their leadership. Whereas traditional approaches suggest that high pay incentivizes leadership, identity-based approaches argue that it can undermine shared identity between leaders and followers and therefore be counterproductive. Supporting this identity approach, two studies provide experimental and field evidence that people identify less strongly with a CEO who receives high pay relative to other CEOs and that this reduces that leader's perceived identity leadership and charisma. The implications for leadership, economics, and organizations are discussed.Australian Research Council (ARC

    (How) does productivity matter in the foundational economy?

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    Academics and policy makers have increasingly recognised the importance of mundane economic activities – variously termed foundational or everyday – by academics and policy makers. The foundational or everyday economy is now featuring in local industrial strategy and economic action plans, because the desirable high-tech sectors on the ‘frontier’ cannot diffuse prosperity within and between regions. This paper aims to distinguish between several different approaches to the foundational or everyday economy and argues that a constructive approach needs to break with the preoccupation about improving productivity. This argument is developed in three stages. First, we distinguish between a social approach and a more technical economic approach to delimiting this other mundane economy; the defining feature of the foundational in the social approach is contribution to wellbeing and in the technical economic approach it is low productivity. The second section presents and explores productivity evidence on output per worker hour across a range of foundational activities and by region. Drawing out the implications of observed diversity and heterogeneity, the third section develops an argument about how productivity has limited relevance as measure and target in foundational activitie

    Joint Bayesian component separation and CMB power spectrum estimation

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    We describe and implement an exact, flexible, and computationally efficient algorithm for joint component separation and CMB power spectrum estimation, building on a Gibbs sampling framework. Two essential new features are 1) conditional sampling of foreground spectral parameters, and 2) joint sampling of all amplitude-type degrees of freedom (e.g., CMB, foreground pixel amplitudes, and global template amplitudes) given spectral parameters. Given a parametric model of the foreground signals, we estimate efficiently and accurately the exact joint foreground-CMB posterior distribution, and therefore all marginal distributions such as the CMB power spectrum or foreground spectral index posteriors. The main limitation of the current implementation is the requirement of identical beam responses at all frequencies, which restricts the analysis to the lowest resolution of a given experiment. We outline a future generalization to multi-resolution observations. To verify the method, we analyse simple models and compare the results to analytical predictions. We then analyze a realistic simulation with properties similar to the 3-yr WMAP data, downgraded to a common resolution of 3 degree FWHM. The results from the actual 3-yr WMAP temperature analysis are presented in a companion Letter.Comment: 23 pages, 16 figures; version accepted for publication in ApJ -- only minor changes, all clarifications. More information about the WMAP3 analysis available at http://www.astro.uio.no/~hke under the Research ta

    A warrant for violence? An analysis of Donald Trump's speech before the US Capitol attack

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    On January 6th, 2021, Donald Trump's speech during a ‘Save America’ rally was followed by mass violence, with Trump's supporters storming the U.S. Capitol to prevent the certification of Joe Biden's victory in the presidential eletion. In its wake, there was a great deal of debate around whether the speech contained direct instructions for the subsequent violence. In this paper, we use a social identity perspective on leadership (and more specifically, on toxic leadership) to analyse the speech and see how its overall ar-gument relates to violence. We show that Trump's argument rests on the populist distinction between the American peo-ple and elites. He moralises these groups as good and evil respectively and proposes that the very existence of America is under threat if the election result stands. On this basis he proposes that all true Americans are obligated to act in order prevent Biden's certification and to ensure that the good prevails over evil. While Trump does not explicitly say what such action entails, he also removes normative and moral impediments to extreme action. In this way, taken as a whole, Trump's speech enables rather than demands vio-lence and ultimately it provides a warrant for the violence that ensued

    Social and relational identification as determinants of care workers’ motivation and wellbeing

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    AcceptedArticleA growing body of research in the field of health and social care indicates that the quality of the relationship between the person giving care and the person receiving it contributes significantly to the motivation and wellbeing of both. This paper examines how care workers’ motivation is shaped by their social and relational identification at work. Survey findings at two time points (T1, N = 643; T2, N = 1274) show that care workers’ motivation increases to the extent that incentives, the working context (of residential vs. domiciliary care), and the professionalization process (of acquiring vs. not acquiring a qualification) serve to build and maintain meaningful identities within the organization. In this context care workers attach greatest importance to their relational identity with clients and the more they perceive this as congruent with their organizational identity the more motivated they are. Implications are discussed with regard to the need to develop and sustain a professional and compassionate workforce that is able to meet the needs of an ageing society.Economic and Social Research Council (ESRC)Australian Research Counci
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