Pledge Your Body for Your Bread: Welfare, Drug Testing, and the Inferior Fourth Amendment

Proposals to subject welfare recipients to periodic drug testing have emerged over the last three years as a significant legislative trend across the United States. Since 2007, over half of the states have considered bills requiring aid recipients to submit to invasive extraction procedures as an ongoing condition of public assistance. The vast majority of the legislation imposes testing without regard to suspected drug use, reflecting the implicit assumption that the poor are inherently predisposed to culpable conduct and thus may be subject to class-based intrusions that would be inarguably impermissible if inflicted on the less destitute. These proposals are gaining increasingly substantial political support, suggesting that the enactment of drug testing legislation is now a real and immediate prospect. Given the gravity of the suspicionless searches at issue, the proposals raise serious concerns under conventional Fourth Amendment doctrine. Nevertheless, there is considerable doubt whether the federal courts will accede to that authority and prohibit the proposed intrusions, given the long tradition of relegating the privacy rights of the poor to inferior and indifferent enforcement. This Article explores these legislative developments and the constitutional context within which they arise, and makes the case for using the impending battle over suspicionless drug testing to reclaim for the indigent the full reach of the Fourth Amendment’s privacy right

A Fourth Amendment for the Poor Alone: Subconstitutional Status and the Myth of the Inviolate Home

For much of our nation’s history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor’s right to privacy has accelerated in recent years and now represents a powerful theme within the jurisprudence of poverty. Triggering this development has been a series of challenges to aggressive administrative practices adopted by localities in the wake of federal welfare-reform legislation. As a precondition to public assistance, some jurisdictions now require that all applicants submit to a suspicionless home search by law-enforcement investigators seeking evidence of welfare fraud. In turning back challenges to these intrusions, contemporary courts have significantly curtailed the protections of the Fourth Amendment as applied to the poor. While the courts that sanction these practices disclaim any sort of poverty-based classification underlying their analysis, no other rationale withstands scrutiny. Neither precedent nor the principled extension of existing doctrine justifies recent outcomes or explains why the holdings should not be applied to authorize a vast - and, thus, unacceptable - expansion of suspicionless search practices directed at the homes of the less destitute. The developing jurisprudence accordingly represents an implicit concession that the poor constitute a subconstitutional class for purposes of the Fourth Amendment. Framed most charitably, the decisions understand poverty as a condition of moral culpability and thus accept it as a surrogate for the individualized suspicion that otherwise would be required to justify the intrusions at issue. The premise of the dissolute poor, tracing back centuries, remains alive and well in American law, and we have a bifurcated Fourth Amendment to prove its enduring vitality

Pledge Your Body for Your Bread: Welfare, Drug Testing, and the Inferior Fourth Amendment

Proposals to subject welfare recipients to periodic drug testing have emerged over the last three years as a significant legislative trend across the United States. Since 2007, over half of the states have considered bills requiring aid recipients to submit to invasive extraction procedures as an ongoing condition of public assistance. The vast majority of the legislation imposes testing without regard to suspected drug use, reflecting the implicit assumption that the poor are inherently predisposed to culpable conduct and thus may be subject to class-based intrusions that would be inarguably impermissible if inflicted on the less destitute. These proposals are gaining increasinglysubstantial political support, suggesting that the enactment of drug testing legislation is now a real and immediate prospect. Given the gravity of the suspicionless searches at issue, the proposals raise serious concerns under conventional Fourth Amendment doctrine. Nevertheless, there is considerable doubt whether the federal courts will accede to that authority and prohibit the proposed intrusions, given the long tradition of relegating the privacy rights of the poor to inferior and indifferent enforcement. This Article explores these legislative developments and the constitutional context within which they arise, and makes the case for using the impending battle over suspicionless drug testing to reclaim for the indigent the full reach of the Fourth Amendment’s privacy right

A Fourth Amendment for the Poor Alone: Subconstitutional Status and the Myth of the Inviolate Home

For much of our nation\u27s history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor\u27s right to privacy has accelerated in recent years and now represents a powerful theme within the jurisprudence of poverty. Triggering this development has been a series of challenges to aggressive administrative practices adopted by localities in the wake of federal welfare-reform legislation. As a precondition to public assistance, some jurisdictions now require that all applicants submit to a suspicionless home search by law enforcement investigators seeking evidence of welfare fraud. In turning back challenges to these intrusions, contemporary courts have significantly curtailed the protections of the Fourth Amendment as applied to the poor. While the courts that sanction these practices disclaim any sort of poverty-based classification underlying their analysis, no other rationale withstands scrutiny. Neither precedent nor the principled extension of existing doctrine justifies recent outcomes or explains why the holdings should not be applied to authorize a vast-and, thus, unacceptable-expansion of suspicionless search practices directed at the homes of the less destitute. The developing jurisprudence accordingly represents an implicit concession that the poor constitute a subconstitutional class for purposes of the Fourth Amendment. Framed most charitably, the decisions understand poverty as a condition of moral culpability and thus accept it as a surrogate for the individualized suspicion that otherwise would be required to justify the intrusions at issue. The premise of the dissolute poor, tracing back centuries, remains alive and well in American law, and we have a bifurcated Fourth Amendment to prove its enduring vitality

Cross Purposes: Remedying the Endorsement of Symbolic Religious Speech

Justice O’Connor’s “perception of endorsement” standard governs the analysis of religious displays on public property for purposes of the Establishment Clause. The test rests on the perceptions of an “objective observer,” endowed with essentially perfect factual information, who assesses whether the display of religious imagery reasonably implies official endorsement of its message. Applying this standard, a well-developed jurisprudence unambiguously proscribes the permanent placement of religious symbols on public land. The remediation of these violations, however, is an ad hoc and often superficial exercise. This Article proposes a framework to realign the remedial inquiry with the rigorous assessment of the proscription itself. The proposal rests on the premise that O’Connor’s observer not only discerns the violation but must also arbitrate its remedy. Framing the analysis from the vantage of an essentially omniscient observer yields important insights. Most generally, the analysis so framed requires that a proposed remedy withstand exacting review to assure that it does not subtly perpetuate religious preference. To survive such scrutiny, a remedy must accomplish two interrelated objectives – it must create evident and substantial physical separation between government and the display, and it must do so through means that are strictly neutral with respect to the religious expression at issue. Application of this analysis to the remedies proposed and enforced in recent litigation highlights significant deficiencies in existing law as well as a continuing effort by defendants to dilute the consequences of the constitutional proscription. The most troubling of the proposals – and the handful of decisions sanctioning them – trivialize rather than vindicate the endorsement prohibition

Freezing of ridges and water networks preserves the Gamburtsev Subglacial Mountains for millions of years

Once an ice sheet grows beyond a critical thickness, the basal thermal regime favors melting and development of subglacial water networks. Subglacial water is necessary for bedrock erosion, but the exact mechanisms that lead to preservation of subglacial topography are unclear. Here we resolve the freezing mechanisms that lead to long-term, high-altitude preservation across the Gamburtsev Subglacial Mountains in East Antarctica. Analyses of a comprehensive geophysical data set reveal a large-scale water network along valley floors. The ice sheet often drives subglacial water up steep topography where it freezes along high ridges beneath thinner ice. Statistical tests of hypsometry show the Gamburtsevs resemble younger midlatitude mountains, indicating exceptional preservation. We conclude that the Gamburtsevs have been shielded from erosion since the latest Eocene (∼34 Ma). These freezing mechanisms likely account for the spatial and temporal patterns of erosion and preservation seen in other glaciated mountain ranges

Genealogies of Slavery

This chapter addresses the concept of slavery, exploring its character and significance as a dark page in history, but also as a specifically criminological and zemiological problem, in the context of international law and human rights. By tracing the ambiguities of slavery in international law and international development, the harms associated with slavery are considered. Harms include both those statutorily proscribed, and those that are not, but that can still be regarded as socially destructive. Traditionally, antislavery has been considered within the parameters of abolition and criminalization. In this context recently, anti-trafficking has emerged as a key issue in contemporary anti-slavery work. While valuable, anti-trafficking is shown to have significant limitations. It advances criminalization and stigmatization of the most vulnerable and further perpetuates harm. At the same time, it identifies structural conditions like poverty, vulnerability, and “unfreedom” of movement only to put them aside. Linked to exploitation, violence and zemia, the chapter brings to the fore some crucial questions concerning the prospects of systemic theory in the investigation of slavery, that highlight the root causes of slavery, primarily poverty and inequality. Therefore, the chapter counterposes an alternative approach in which the orienting target is not abolition of slavery but advancing structural changes against social harm

Continuous Symmetries of Difference Equations

Lie group theory was originally created more than 100 years ago as a tool for solving ordinary and partial differential equations. In this article we review the results of a much more recent program: the use of Lie groups to study difference equations. We show that the mismatch between continuous symmetries and discrete equations can be resolved in at least two manners. One is to use generalized symmetries acting on solutions of difference equations, but leaving the lattice invariant. The other is to restrict to point symmetries, but to allow them to also transform the lattice.Comment: Review articl

A Lagrangian scheme for the solution of nonlinear diffusion equations using moving simplex meshes

A Lagrangian numerical scheme for solving nonlinear degenerate Fokker{Planck equations in space dimensions d>2 is presented. It applies to a large class of nonlinear diffusion equations, whose dynamics are driven by internal energies and given external potentials, e.g. the porous medium equation and the fast diffusion equation. The key ingredient in our approach is the gradient ow structure of the dynamics. For discretization of the Lagrangian map, we use a finite subspace of linear maps in space and a variational form of the implicit Euler method in time. Thanks to that time discretisation, the fully discrete solution inherits energy estimates from the original gradient ow, and these lead to weak compactness of the trajectories in the continuous limit. Consistency is analyzed in the planar situation, d = 2. A variety of numerical experiments for the porous medium equation indicates that the scheme is well-adapted to track the growth of the solution's support