Re-thinking Illegal Entry and Re-entry

This Article traces the history of two federal immigration crimes that have long supplemented the civil immigration system and now make up nearly half of all federal prosecutions: illegal entry and illegal re-entry. Little has been previously written about the historical lineage of either crime, despite the supporting role each has played in enforcing the nation’s civil immigration laws, particularly along the U.S.-Mexico border. This Article takes a critical look at the enforcement of each crime—-from when they were initially conceived of as a way to deter illegal immigration, then as a way to target dangerous aliens, and most recently as a means to do both. These shifting strategies, however, have one thing in common: ineffectiveness. Enforcing the crimes has never meaningfully deterred illegal immigration, and the government’s poorly designed proxy to determine whether an alien is “dangerous” has ensured that prosecutions have not made the public safer. The most recent period is particularly troubling—-enforcement has led to approximately 72,000 combined prosecutions a year, at the cost of well over a billion dollars a year, and at the expense of prosecuting more serious crimes. Despite these huge costs and the related human carnage, the criminalization of illegal entry and re-entry is invariably left out of the discussion of comprehensive immigration reform, which reflects the silent treatment these crimes have received in the immigration and criminal law literature more generally. By reviewing eight decades of ineffective policy, this Article makes the case for why there should be a fundamental re-thinking concerning the way in which the United States uses the criminal justice system to regulate immigration

Resolving a Substantial Question : Just Who is Entitled to Bail Pending Appeal under the Bail Reform Act of 1984?

Under the Bail Reform Act of 1984, federal criminal defendants who wish to remain free on bail after conviction must prove that their appeal will have enough merit to raise at least one “substantial question.” Federal appellate courts, however, have been deeply divided over how much merit is required to show that an appeal will raise a “substantial question.” Ten circuits define the phrase as a “close question,” based on an implausible reading of the 1984 Bail Act’s legislative history. But the Ninth Circuit has interpreted the requirement to mean that a defendant must prove that his appeal will raise a “fairly debatable” issue—the historical definition of what constitutes a substantial question. It is therefore much easier to obtain bail pending appeal in the Ninth Circuit than in circuits using the closequestion test. This Article argues that the Ninth Circuit has it right, and thus, countless defendants in other circuits have been wrongfully denied bail pending appeal. At least some of those defendants have had their convictions overturned on appeal, resulting in the gross injustice of a wrongful incarceration

Episodic starbursts in dwarf spheroidal galaxies: a simple model

Dwarf galaxies in the Local Group appear to be stripped of their gas within 270 kpc of the host galaxy. Color-magnitude diagrams of these dwarfs, however, show clear evidence of episodic star formation (\Delta{}t ~ a few Gyr) over cosmic time. We present a simple model to account for this behaviour. Residual gas within the weak gravity field of the dwarf experiences dramatic variations in the gas cooling time around the eccentric orbit. This variation is due to two main effects. The azimuthal compression along the orbit leads to an increase in the gas cooling rate of ~([1+\epsilon]/[1-\epsilon])^2. The Galaxy's ionizing field declines as 1/R^2 for R>R_disk although this reaches a floor at R~150 kpc due to the extragalactic UV field ionizing intensity. We predict that episodic SF is mostly characteristic of dwarfs on moderately eccentric orbits (\epsilon>0.2) that do not come too close to the centre (R>R_disk) and do not spend their entire orbit far away from the centre (R>200 kpc). Up to 40% of early infall dwarf spheroidals can be expected to have already had at least one burst since the initial epoch of star formation, and 10% of these dwarf spheriodals experiencing a second burst. Such a model can explain the timing of bursts in the Carina dwarf spheroidal and restrict the orbit of the Fornax dwarf spheroidal. However, this model fails to explain why some dwarfs, such as Ursa Minor, experience no burst post-infall.Comment: 8 pages, 8 figures. ApJ accepte

Population Gradients in Local Group Dwarf Spheroidals

We present a systematic and homogeneous analysis of population gradients for the Local Group dwarf spheroidals (dSphs) Carina, Sculptor, Sextans, Tucana, Andromeda I-III, V, and VI. For all of the Milky Way companions studied here we find significant population gradients. The same is true for the remote dSph Tucana located at the outskirts of the LG. Among the M 31 dSph companions only Andromeda I and VI show obvious gradients. In all cases where a HB morphology gradient is visible, the red HB stars are more centrally concentrated. The occurence of a HB morphological gradient shows a correlation with a morphology gradient in the red giant branch. It seems likely that metallicity is the driver of the gradients in Sextans, Sculptor, Tucana, and Andromeda VI, while age is an important factor in Carina. We find no evidence that the vicinity of a nearby massive spiral galaxy influences the formation of the population gradients.Comment: accepted for publication in AJ; 25 pages; 11 images in jpeg and png forma

An integrated geologic framework for EarthScope's US array

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/95254/1/eost15515.pd

Colonoscopic screening for colorectal cancer improves quality of life measures: a population-based screening study

BACKGROUND: Screening asymptomatic individuals for neoplasia can have adverse consequences on quality of life. Colon cancer screening is widespread but the quality of life (QOL) consequences are unknown. This study determined the impact of screening colonoscopy on QOL measures in asymptomatic average-risk participants. METHODS: Asymptomatic male and female participants aged 55–74 years were randomly selected from the Australian Electoral Roll or six primary care physicians' databases. Participants completed the Short-Form (SF-36) Quality of Life Assessment at baseline and at a mean of 39 days after colonoscopy. Outcome measures were (i) significant changes in raw scores in any of the eight SF-36 domains assessed following colonoscopic screening and (ii) improvements or declines in previously validated categories, representing clinically significant changes, within any of the eight SF-36 domains. RESULTS: Baseline QOL measures were similar to those of a matched general population sample. Role Limitations due to Emotions, Mental Health and Vitality raw scores significantly improved following colonoscopy (P < 0.05, 2-tailed t-test). Health ratings according to Category were similar (same clinical status) in the majority of participants. However, 30% participants recorded clinically significant improvement in the Mental Health and Vitality domains (P < 0.05, Wilcoxon Signed-Ranks test). This improvement was not offset by declines in other domains or in other participants. Improvement in QOL was not related to colonoscopy results. CONCLUSION: Average-risk persons benefit significantly from colon cancer screening with colonoscopy, improving in Mental Health and Vitality domains of Quality of Life. This improvement is not offset by declines in other domains

Challenges and opportunities for improving the landscape for Lewy body dementia clinical trials.

Lewy body dementia (LBD), including dementia with Lewy bodies and Parkinson\u27s disease dementia, affects over a million people in the USA and has a substantial impact on patients, caregivers, and society. Symptomatic treatments for LBD, which can include cognitive, neuropsychiatric, autonomic, sleep, and motor features, are limited with only two drugs (cholinesterase inhibitors) currently approved by regulatory agencies for dementia in LBD. Clinical trials represent a top research priority, but there are many challenges in the development and implementation of trials in LBD. To address these issues and advance the field of clinical trials in the LBDs, the Lewy Body Dementia Association formed an Industry Advisory Council (LBDA IAC), in addition to its Research Center of Excellence program. The LBDA IAC comprises a diverse and collaborative group of experts from academic medical centers, pharmaceutical industries, and the patient advocacy foundation. The inaugural LBDA IAC meeting, held in June 2019, aimed to bring together this group, along with representatives from regulatory agencies, to address the topic of optimizing the landscape of LBD clinical trials. This review highlights the formation of the LBDA IAC, current state of LBD clinical trials, and challenges and opportunities in the field regarding trial design, study populations, diagnostic criteria, and biomarker utilization. Current gaps include a lack of standardized clinical assessment tools and evidence-based management strategies for LBD as well as difficulty and controversy in diagnosing LBD. Challenges in LBD clinical trials include the heterogeneity of LBD pathology and symptomatology, limited understanding of the trajectory of LBD cognitive and core features, absence of LBD-specific outcome measures, and lack of established standardized biologic, imaging, or genetic biomarkers that may inform study design. Demands of study participation (e.g., travel, duration, and frequency of study visits) may also pose challenges and impact trial enrollment, retention, and outcomes. There are opportunities to improve the landscape of LBD clinical trials by harmonizing clinical assessments and biomarkers across cohorts and research studies, developing and validating outcome measures in LBD, engaging the patient community to assess research needs and priorities, and incorporating biomarker and genotype profiling in study design

Saccade Generation by the Frontal Eye Fields in Rhesus Monkeys Is Separable from Visual Detection and Bottom-Up Attention Shift

The frontal eye fields (FEF), originally identified as an oculomotor cortex, have also been implicated in perceptual functions, such as constructing a visual saliency map and shifting visual attention. Further dissecting the area’s role in the transformation from visual input to oculomotor command has been difficult because of spatial confounding between stimuli and responses and consequently between intermediate cognitive processes, such as attention shift and saccade preparation. Here we developed two tasks in which the visual stimulus and the saccade response were dissociated in space (the extended memory-guided saccade task), and bottom-up attention shift and saccade target selection were independent (the four-alternative delayed saccade task). Reversible inactivation of the FEF in rhesus monkeys disrupted, as expected, contralateral memory-guided saccades, but visual detection was demonstrated to be intact at the same field. Moreover, saccade behavior was impaired when a bottom-up shift of attention was not a prerequisite for saccade target selection, indicating that the inactivation effect was independent of the previously reported dysfunctions in bottom-up attention control. These findings underscore the motor aspect of the area’s functions, especially in situations where saccades are generated by internal cognitive processes, including visual short-term memory and long-term associative memory