Keeping Secrets: The Unsettled Law of Judge-Made Exceptions to Grand Jury Secrecy

Federal Rule of Criminal Procedure 6(e) functionally binds everyone who is present during grand jury proceedings (except witnesses) to secrecy. But questions arise when courts are asked to make exceptions to grand jury secrecy outside those enumerated in the rule, such as exceptions for Congress or for the release of historically significant grand jury records. This Note examines the propriety of judge-made exceptions to grand jury secrecy. Contrary to some courts authorizing disclosure outside of Rule 6(e), this Note argues that the text and development of Rule 6(e), along with limitations on courts’ inherent authority over grand jury procedure, caution against this practice. The tension between the current practice of some courts and the apparent meaning of Rule 6(e) renders the law of grand jury secrecy unsettled. To clarify the law, the Advisory Committee on Criminal Rules should add a residual exception to Rule 6(e) that would not only give courts flexibility and discretion but also a clear source of authority on which to authorize disclosures

In-flight measurement of ice growth on an airfoil using an array of ultrasonic transducers

Results of preliminary tests to measure ice growth on an airfoil during flight icing conditions are presented. Ultrasonic pulse echo measurements of ice thickness are obtained from an array of eight ultrasonic transducers mounted flush with the leading edge of the airfoil. These thickness measurements are used to document the evolution of the ice shape during the encounter in the form of successive ice profiles. Results from 3 research flights are presented and discussed. The accuracy of the ultrasonic measurements is found to be within 0.5 mm of mechanical and stereo photograph measurements of the ice accretion

Icing flight research: Aerodynamic effects of ice and ice shape documentation with stereo photography

Aircraft icing flight research was performed in natural icing conditions. A data base consisting of icing cloud measurements, ice shapes, and aerodynamic measurements is being developed. During research icing encounters the icing cloud was continuously measured. After the encounter, the ice accretion shapes on the wing were documented with a stereo camera system. The increase in wing section drag was measured with a wake survey probe. The overall aircraft performance loss in terms of lift and drag coefficient changes was obtained by steady level speed/power measurements. Selective deicing of the airframe components was performed to determine their contributions to the total drag increase. Engine out capability in terms of power available was analyzed for the iced aircraft. It was shown that the stereo photography system can be used to document ice shapes in flight and that the wake survey probe can measure increases in wing section drag caused by ice. On one flight, the wing section drag coefficient (c sub d) increased approximately 120 percent over the uniced baseline at an aircraft angle of attack of 6 deg. On another flight, the aircraft darg coefficient (c sub d) increased by 75 percent over the uniced baseline at an aircraft lift coefficient (C sub d) of 0.5

Litter Breakdown in Mountain Streams Affected by Mine Drainage: Biotic Mediation of Abiotic Controls

Breakdown of plant litter in streams was studied as an example of a major ecological process subject to change through multiple stresses associated with mine drainage. Rates of litter breakdown were measured at 27 sites in streams of the Rocky Mountains of Colorado, USA. Eight of the sites were pristine, and 19 were affected to varying degrees by mine drainage. The pH, concentrations of dissolved zinc, and deposition rates of metal oxides were measured in each stream. Rates of litter breakdown were estimated from changes in mass of willow leaves in litterbags. Biomass of shredding invertebrates in litterbags was monitored at each site, as was microbial respiration on litter. Of the abiotic variables, increased concentrations of zinc and increased deposition rates of metal oxides were most closely related to decreased rates of litter breakdown. Biomass of shredding invertebrates was negatively related to concentration of dissolved zinc and deposition of metal oxides and was more closely related to breakdown rates than was microbial respiration. Microbial respiration was related negatively to deposition rates of metal oxides and positively to nutrient concentrations. Shredder biomass and microbial respiration together accounted for 76% of the variation in breakdown rates. Remediation schemes for streams affected by mine drainage should take into account the distinct ecological effects of the multiple stresses caused by mine drainage (pH, high concentrations of dissolved metals, deposition of metal oxides); remediation of a single stress is likely to be ineffective

The Cherokee Indian Fair and the Making of a Tourist Economy

This article examines the history of the Cherokee Indian Fair in North Carolina during the early twentieth century, focusing on the role of agriculture and cultural performance as crucial elements of the fair’s success as a tourist attraction. It argues that the fair laid the framework for the Cherokee tourist economy, a legacy that tourists still see today

Centerline Curbing Treatment at Railroad Crossings for Improved Safety

The objectives of this research were to study unsafe actions of motor vehicle drivers at railroadhighway grade crossings, to evaluate centerline barriers in reducing those unsafe driver actions, and to note any maintenance or other issues with the barriers. Driver actions were observed at two railroad crossings before and after installation of centerline barriers. A comparison of observed driver actions in the pre- and post-barrier periods provided information on the effectiveness of the barriers in reducing unsafe driver actions while periodic inspection of the centerline barriers provided information on maintenance needs. A major concern of the Nebraska Department of Roads is the potential for crashes at railroad-highway grade crossings resulting from unsafe actions of motorists such as, rushing the gates to beat an oncoming train or playing “chicken” with an approaching train, among others. Playing “chicken” refers to intentional standing of a motor vehicle on railroad tracks and only moving when the train hits the brakes. Crashes at railroad-highway crossings may not necessarily involve trains as some driver actions (e.g., backing up, and U-turns) may result in crashes involving motor vehicles only. In this research the crossing at North 141st Street in the City of Waverly, NE and the crossing at “M” Street in the City of Fremont, NE were monitored with the help of day and night vision cameras and digital video recorders. Motor vehicle driver actions were observed whenever the gates were down and instances of unsafe actions noted. In an effort to reduce gate rushing and other unsafe motorist actions, the researchers installed flexible rubber and plastic barriers on both sides of the crossings along roadway centerlines to prevent motorists from going around the gates. The actions of motor vehicle drivers were monitored in the post-barrier period and compared to the pre-install period using appropriate statistical tools. Results of the comparison show that fewer unsafe driver actions were observed after installation of the centerline barriers. In particular, installation of centerline barriers significantly reduced instances of gate rushing at the two study sites. Centerline barriers are recommended for use at railroad crossings where unsafe driver actions (e.g., gate rushes) are a concern. Damage to the barriers as a result of abuse from roadway vehicles was noted while no snowplowing issues came to the attention of the researchers during the study period. The amount of damage was a function of traffic volume, percentage of trucks, and if sharp turns were involved. Finally, this study revealed instances of pedestrians and bicyclists engaged in unsafe actions at railroad crossings, which are recommended for investigation in a future study

Festival Tourism: Advertising the Western North Carolina Tourist Industry Through Cultural Performance in the Cherokee Indian Fair, the Rhododendron Festival, and the Grandfather Mountain Highland Games

With the rise of the American middle class in the early twentieth century, tourist boosters had new opportunities to market attractions to a broader and larger swath of the population than just the very wealthy. Two factors aided tourist boosters’ efforts to build a more robust tourist economy in western North Carolina and cater to the larger group of possible tourists: improved transportation and new forms of leisure. While improved transportation made it possible for the tourists to come and new focuses in leisure provided opportunities into which the tourist industry could expand, officials and tourist boosters in western North Carolina cities still needed attractions and ways to publicize the region to potential tourists. This thesis argues that festivals emerged as an important mechanism to both entertain tourists and advertise the broader region as a tourist destination.Bachelor of Art

Brief in Opposition. City of Houston v. Zamora, 136 S.Ct. 2009 (2016) (No. 15-868), 2016 U.S. S. Ct. Briefs LEXIS 1615, 2016 WL 1445907

QUESTIONS PRESENTED (1) Does the liability standard in Staub v. Proctor Hospital, 562 U.S. 411 (2011), apply to retaliation claims under Title VII? (2) Under Staub, where a supervisor for an unlawful purpose has engaged in conduct that was intended to and did in fact cause an adverse employment action, the existence of an independent investigation by other officials does not limit liability unless that investigation reveals a new basis for that adverse action that is “unrelated” to the conduct of the supervisor. The second question presented is: Should the Court overturn the decision in Staub, and hold that an employer can avoid liability on grounds other than those permitted in Staub