Correcting Mandatory Injustice: Judicial Recommendation of Executive Clemency

In 1987, the United States political and social systems lost trust in the judiciary and severely limited its authority by enacting the mandatory Federal Sentencing Guidelines. During this period, many judges were forced to impose sentences they viewed as unjust. Trust in the judiciary was restored in 2005, when United States v. Booker made the Sentencing Guidelines advisory. Despite the increase in judicial discretion, however, judges are still unable to correct sentences imposed during the intervening eighteen years because Booker does not apply retroactively. Unfortunately, the executive and legislative branches are similarly unable to provide adequate remedies. Congressional action is insufficient because it is inflexible, time consuming, and generally nonretroactive. Executive clemency appears more promising due to a flexible and broad nature that allows the president and state governors to pardon or commute sentences at will. But executives have become unwilling to use their clemency power, making it an inadequate remedy. This Note proposes a solution that overcomes the limitations of the current system: judicial recommendation of executive clemency. This solution produces three benefits. First, it provides judges with a discretionary tool to reduce disproportionate mandatory sentences. Second, it revitalizes the exercise of clemency by giving it additional legitimacy. Finally, it refocuses clemency grants on the defendant and the facts of the case rather than on political influences. This Note provides eight illustrative criteria for judicial recommendation of executive clemency that, together, combine the characteristics of three modern cases in which the sentencing judges recommended clemency. This Note seeks to explain how and why each criterion might be important, taking into consideration the goals of judicial discretion, executive clemency, and the criminal justice system overall

Stimuli-responsive electrospun fibers and their applications

Stimuli-responsive electrospun nanofibers are gaining considerable attention as highly versatile tools which offer great potential in the biomedical field. In this critical review, an overview is given on recent advances made in the development and application of stimuli-responsive fibers. The specific features of these electrospun fibers are highlighted and discussed in view of the properties required for the diverse applications. Furthermore, several novel biomedical applications are discussed and the respective advantages and shortcomings inherent to stimuli-responsive electrospun fibers are addressed (136 references)

How does destination social responsibility contribute to environmentally responsible behaviour? A destination resident perspective

Based on stakeholder theory and social exchange theory, this study developed an integrated model to demonstrate that destination social responsibility (DSR) influences tourism impacts (both positive and negative impacts), overall community satisfaction, and both directly and indirectly influences resident environmentally responsible behaviour (ERB). The model was examined using a sample of 453 residents living on the Gulangyu Island, a famous island tourism destination of Xiamen, China. Results show that DSR enhances residents’ perception of positive tourism impacts, improves overall community satisfaction and contributes to resident ERB. However, the effect of DSR on negative tourism impacts was not significant. Thus, positive tourism impacts and overall community satisfaction partially mediated the effect of DSR on resident ERB. The study findings offer both theoretical insights and practical implications on destination management and sustainable destination development

Toward a model of destination resident–environment relationship: The case of Gulangyu, China

This study tested an integrative model to better understand residents’ environmentally responsible behaviour (RERB) and willingness to sacrifice for the environment (WTS) using a sample of 430 residents on Gulangyu Island in China. Results show that destination environmental quality and eco-friendly reputation directly affected resident environmental identification and environmental commitment. Destination eco-friendly reputation directly influenced RERB and WTS. Both resident environmental identification and commitment directly affected RERB and WTS. Furthermore, environmental identification and environmental commitment fully mediate the effects of environmental quality on RERB and WTS, and partially mediate the effects of destination eco-friendly reputation on RERB and WTS. © 2019, © 2019 Informa UK Limited, trading as Taylor & Francis Group

Final Report: Outcomes from Efforts to Swab Individuals Who Lawfully “Owe” DNA in Cuyahoga County

In this research brief, we present final outcomes for individuals in Cuyahoga County who lawfully “owe” DNA – meaning DNA that should have been collected because of a qualifying criminal offense(s) but was not. The Cuyahoga County Prosecutor’s Office and researchers from the Begun Center for Violence Prevention Research and Education at Case Western Reserve University collaborated on a project funded by the U.S. Bureau of Justice Assistance’s Sexual Assault Kit Initiative to: (a) identify individuals who owe DNA, (b) collect swabs from eligible suspects who owe, and (c) follow up on what happens after their DNA is entered into CODIS (the federal DNA database). The findings presented in this brief detail the outcomes of our efforts, including how many people who owed DNA have now been confirmed to have their DNA in the CODIS, and the number and types of crimes to which these individuals have now been connected. The findings highlight the strong probative value of DNA in criminal investigations and the importance of ensuring DNA is collected from those who lawfully owe. Recommendations and lessons learned are provided for other jurisdictions that are addressing their own owed DNA issues.https://commons.case.edu/beguncenter-reports/1009/thumbnail.jp

Inhibition of yes-associated protein suppresses brain metastasis of human lung adenocarcinoma in a murine model.

Yes-associated protein (YAP) is a main mediator of the Hippo pathway and promotes cancer development and progression in human lung cancer. We sought to determine whether inhibition of YAP suppresses metastasis of human lung adenocarcinoma in a murine model. We found that metastatic NSCLC cell lines H2030-BrM3(K-rasG12C mutation) and PC9-BrM3 (EGFRΔexon19 mutation) had a significantly decreased p-YAP(S127)/YAP ratio compared to parental H2030 (K-rasG12C mutation) and PC9 (EGFRΔexon19 mutation) cells (P < .05). H2030-BrM3 cells had significantly increased YAP mRNA and expression of Hippo downstream genes CTGF and CYR61 compared to parental H2030 cells (P < .05). Inhibition of YAP by short hairpin RNA (shRNA) and small interfering RNA (siRNA) significantly decreased mRNA expression in downstream genes CTGF and CYR61 in H2030-BrM3 cells (P < .05). In addition, inhibiting YAP by YAP shRNA significantly decreased migration and invasion abilities of H2030-BrM3 cells (P < .05). We are first to show that mice inoculated with YAP shRNA-transfected H2030-BrM3 cells had significantly decreased metastatic tumour burden and survived longer than control mice (P < .05). Collectively, our results suggest that YAP plays an important role in promoting lung adenocarcinoma brain metastasis and that direct inhibition of YAP by shRNA suppresses H2030-BrM3 cell brain metastasis in a murine model

Linking plurilingualism principles to language teachers' classroom practices : understanding, enacting and reflecting

The present study will focus on ways in which the plurilingualism principles set out in the National Framework for Languages (Scotland) are, or could be, translated into classroom practice, and the nature of professional education which teachers believe has supported their competence in these areas, or could help to develop competence in future.The National Framework for Languages or NFfL (SCDE Languages Group, 2018) takes a broad view of what constitutes languages education, encompassing not only the teaching of modern foreign languages (MFLs) in primary and secondary schools, but also the teaching of Gaelic and teaching through the medium of Gaelic (GME), and providing support for bilingual learners, in the process of acquiring English and, potentially, other languages (including sign languages). Languages education is therefore not only considered to be formal, direct provision (e.g. a ‘French lesson’) but also both formal and informal support for the use of diverse languages across the curriculum, for a variety of educational purposes. As is stated in Curriculum for Excellence (Scottish Government, 2018), all teachers have a broad responsibility for language development across the curriculum; and, in the light of the 1+2 languages policy (Scottish Government, 2012), all primary teachers will, from 2021, be expected to be able to teach at least one other language in addition to English (or Gaelic in the case of GME).Theoretically, the study draws on existing thinking around teacher agency, in the context of the implementation of Curriculum for Excellence (Priestley, Biesta & Robinson, 2016), and in the field of language policy and planning (Hornberger & Johnson, 2007; Johnson & Ricento, 2013). Although these traditions have developed separately, both place teacher agency in an ecological context, in which the enactment of policy is understood to take place simultaneously at diverse levels of an education system, with ripple effects inwards and outwards and over time. Both traditions view teachers’ understandings of policy, and the scope and limitations to the action they can take as policy changes and develops, as critical to effective implementation. Thus this study will adopt an ecological perspective on teachers’ understanding of the Framework principles, which draw on several different policy initiatives and on how teachers enact these principles in their classrooms.Framed within a broader understanding of language use in education, the present study will also draw on Vygotsky’s (1978) sociocultural psychology which posits that language use and other semiotic tools can be perceived as mediating artefacts between the social world and the development of an individual’s inner thinking. For teachers, this may refer to their day-to-day interactions or conversations with their colleagues, mentors and other professionals in the wider school community, also known as professional dialogue. In agreement with Littleton and Mercer (2013) and Warwick et al. (2016), we argue that the dialogic space created by teachers plays a pivotal role in enhancing their instructional practices and in promoting teacher professional learning. Another dimension of our project is to study teacher professional learning as reflective practices. Kramarski and Kohen (2016) argue that it can be particularly powerful and even transformative when teachers learn by thinking back and articulating the acquisition of knowledge and strategies. As will be outlined later on in this paper, we intend to ask the participants to reflect on their teaching practice and to use concrete examples to demonstrate their understanding of the plurilingualism principles.Research questions:1. How do teachers relate the plurilingualism principles set out in the NFfL to their current and future classroom practices?2. What kind of professional education do they consider most valuable in developing the competences they need to do this effectively?MethodBroadly speaking, the study draws on the work of Florian and others (Florian & Rouse, 2009; Florian & Linklater, 2010; Florian, 2012) who developed the Framework for Inclusive Pedagogy – work which inspired the NFfL – and subsequently investigated its implementation in Scottish schools. Their schools-based research reflects a social constructivist approach which has many similarities to the ecological model outlined above. Florian & Spratt (2013) stress the value of open-ended qualitative research in the early stages of the investigation as a way of acknowledging and valuing diverse perspectives on practice, avoiding the imposition of the researchers’ own views and values. The method they adopted (Florian & Spratt, op.cit.) – of observing a lesson and following this up with a semi-structured interview with the teacher in question (a well-established method dating back at least to the work of Brown, 1975) – is replicated here. Three data collection methods will be employed in this study: 1) Short questionnaires inviting open-ended responses has been circulated to student teachers and language professionals. Submission of questionnaire data was voluntary and there was no penalties or other consequences if participants chose not to submit or wished to withdraw from the study. 2) With the goal of diversifying observation contexts, we have selected three teachers who all agreed to invite the researcher to observe one lesson of theirs in March 2019. During the observation, the researcher will take hand-written field notes to create a record of the event; no structured observation schedule will be used as, in each case, the classroom actualisation of NFfL principles cannot be determined in advance, and lessons are likely to be very diverse; the main purposes served by the fieldnotes are (a) to serve as an aide-memoire for the researcher, during the subsequent interview and (b) to contextualise research findings in the analysis, reporting and dissemination stages. 3) Following the observed lesson, the researcher and the teachers will conduct semi-structured interviews, lasting 30-60 minutes. The data collected via each of these instruments will be analysed qualitatively, using the plurilingualism principles in the NFfL as an analytical frame. Given the exploratory nature of this study, however, a grounded theory approach is also relevant as the researchers cannot know at this stage how participants understand and interpret the NFfL principles.Expected OutcomesIn this initial, small-scale study, our goal is to explore existing understandings of what plurilingualism principles set out in the NFfL ‘look like’ in the classroom, from the perspectives of newly qualified teachers whose teacher education has not been directly influenced by the NFfL. The responses of the participants will constitute baseline data against which the outcomes of subsequent interventions, based on the NFfL, in initial teacher education and professional development for languages teachers, can be measured. There are several expected outcomes from the research: (1) findings will deepen our understanding of language teacher education in culturally and linguistically diverse settings; (2) findings will directly influence our own provision for languages education on the undergraduate and postgraduate programmes, including the establishment of a benchmark position for teachers’ understandings of how the plurilingualism principles are enacted in the classroom; (3) findings will contribute to the Scotland-wide study and will therefore benefit our collective understanding of the diverse needs of ITE students and how these can be met; we will similarly benefit from the findings of studies in other institutions; (4) findings will explore the experience and practice of educators who draw on their own as well as their students’ multilingual and multicultural repertoires in the learning process; (5) findings will advance understanding more generally of ways in which teachers enact plurilingualism principles underpinning languages education in the classroom, and of the kind of professional education that they see as most supportive