Prior Consistent Statements: The Dangers of Misinterpreting Recently Amended Federal Rule of Evidence 801(d)(1)(B)

A recent amendment to Federal Rule of Evidence 801(d)(1)(B) expands the situations in which prior consistent statements by testifying witnesses can be used as substantive evidence, and not merely as rehabilitating evidence. In this piece, the Authors argue that the revised rule may mislead judges and lawyers to conclude that prior consistent statements are always usable as substantive evidence when offered to rehabilitate a witness. Nothing could be further from the truth. The intent, although hard to discern on the face of the revised rule, is only to allow substantive use of consistent statements that are otherwise admissible to rehabilitate the testimony of a witness whose credibility has been attacked in a way that can be properly answered by proving prior consistencies. Thus the rule allows substantive use of consistent statements when they are relevant to repair attacks charging the witness with having forgotten what actually happened or charging the witness with making prior inconsistent statements in those limited cases in which proving consistent statements could refute such an attack. Perhaps most importantly, the revised rule does not do away with the premotive requirement adopted by the Supreme Court in the Tome case more than twenty years ago

Prior Consistent Statements: The Dangers of Misinterpreting Recently Amended Federal Rule of Evidence 801(d)(1)(B)

A recent amendment to Federal Rule of Evidence 801(d)(1)(B) expands the situations in which prior consistent statements by testifying witnesses can be used as substantive evidence, and not merely as rehabilitating evidence. In this piece, the Authors argue that the revised rule may mislead judges and lawyers to conclude that prior consistent statements are always usable as substantive evidence when offered to rehabilitate a witness. Nothing could be further from the truth. The intent, although hard to discern on the face of the revised rule, is only to allow substantive use of consistent statements that are otherwise admissible to rehabilitate the testimony of a witness whose credibility has been attacked in a way that can be properly answered by proving prior consistencies. Thus the rule allows substantive use of consistent statements when they are relevant to repair attacks charging the witness with having forgotten what actually happened or charging the witness with making prior inconsistent statements in those limited cases in which proving consistent statements could refute such an attack. Perhaps most importantly, the revised rule does not do away with the premotive requirement adopted by the Supreme Court in the Tome case more than twenty years ago

An exactly solvable toy model that mimics the mode coupling theory of supercooled liquid and glass transition

A toy model is proposed which incorporates the reversible mode coupling mechanism responsible for ergodic-nonergodic transition with trivial Hamiltonian in the mode coupling theory (MCT) of structural glass transition. The model can be analyzed without relying on uncontrolled approximations inevitable in the current MCT. The strength of hopping processes can be easily tuned and the ideal glass transition is reproduced only in a certain range of the strength. On the basis of the analyses of our model we discuss about a sharp ergodic-nonergodic transition and its smearing out by "hopping".Comment: 5 pages, 2 ps-figures, inappropriate terms replace

Quantum critical behavior in disordered itinerant ferromagnets: Logarithmic corrections to scaling

The quantum critical behavior of disordered itinerant ferromagnets is determined exactly by solving a recently developed effective field theory. It is shown that there are logarithmic corrections to a previous calculation of the critical behavior, and that the exact critical behavior coincides with that found earlier for a phase transition of undetermined nature in disordered interacting electron systems. This confirms a previous suggestion that the unspecified transition should be identified with the ferromagnetic transition. The behavior of the conductivity, the tunneling density of states, and the phase and quasiparticle relaxation rates across the ferromagnetic transition is also calculated.Comment: 15pp., REVTeX, 8 eps figs, final version as publishe

Numerical study of a short-range p-spin glass model in three dimensions

In this work we study numerically a short range p-spin glass model in three dimensions. The behaviour of the model appears to be remarkably different from mean field predictions. In fact it shares some features typical of models with full replica-symmetry breaking (FRSB). Nevertheless, we believe that the transition that we study is intrinsically different from the FRSB and basically due to non-perturbative contributions. We study both the statics and the dynamics of the system which seem to confirm our conjectures.Comment: 20 pages, 15 figure

Transport Anomalies and Marginal Fermi-Liquid Effects at a Quantum Critical Point

The conductivity and the tunneling density of states of disordered itinerant electrons in the vicinity of a ferromagnetic transition at low temperature are discussed. Critical fluctuations lead to nonanalytic frequency and temperature dependences that are distinct from the usual long-time tail effects in a disordered Fermi liquid. The crossover between these two types of behavior is proposed as an experimental check of recent theories of the quantum ferromagnetic critical behavior. In addition, the quasiparticle properties at criticality are shown to be those of a marginal Fermi liquid.Comment: 4pp., REVTeX, no figs, final version as publishe

An Energetic AGN Outburst Powered by a Rapidly Spinning Supermassive Black Hole or an Accreting Ultramassive Black Hole

Powering the 10^62 erg nuclear outburst in the MS0735.6+7421 cluster central galaxy by accretion implies that its supermassive black hole (SMBH) grew by ~6x10^8 solar masses over the past 100 Myr. We place upper limits on the amount of cold gas and star formation near the nucleus of <10^9 solar masses and <2 solar masses per year, respectively. These limits imply that an implausibly large fraction of the preexisting cold gas in the bulge must have been consumed by its SMBH at the rate of ~3-5 solar masses per year while leaving no trace of star formation. Such a high accretion rate would be difficult to maintain by stellar accretion or the Bondi mechanism, unless the black hole mass approaches 10^11 solar masses. Its feeble nuclear luminosities in the UV, I, and X-ray bands compared to its enormous mechanical power are inconsistent with rapid accretion onto a ~5x10^9 solar mass black hole. We suggest instead that the AGN outburst is powered by a rapidly-spinning black hole. A maximally-spinning, 10^9 solar mass black hole contains enough rotational energy, ~10^62 erg, to quench a cooling flow over its lifetime and to contribute significantly to the excess entropy found in the hot atmospheres of groups and clusters. Two modes of AGN feedback may be quenching star formation in elliptical galaxies centered in cooling halos at late times. An accretion mode that operates in gas-rich systems, and a spin mode operating at modest accretion rates. The spin conjecture may be avoided in MS0735 by appealing to Bondi accretion onto a central black hole whose mass greatly exceeds 10^10 solar mass. The host galaxy's unusually large, 3.8 kpc stellar core radius (light deficit) may witness the presence of an ultramassive black hole.Comment: Accepted for publication in ApJ. Modifications: adopted slightly higher black hole mass using Lauer's M_SMBH vs L_bulge relation and adjusted related quantities; considered more seriously the consequences of a ultramassive black hole, motivated by new Kormendy & Bender paper published after our submission; other modifications per referee comments by Ruszkowsk

Two-fluid dynamics for a Bose-Einstein condensate out of local equilibrium with the non-condensate

We extend our recent work on the two-fluid hydrodynamics of a Bose-condensed gas by including collisions involving both condensate and non-condensate atoms. These collisions are essential for establishing a state of local thermodynamic equilibrium between the condensate and non-condensate. Our theory is more general than the usual Landau two-fluid theory, to which it reduces in the appropriate limit, in that it allows one to describe situations in which a state of complete local equilibrium between the two components has not been reached. The exchange of atoms between the condensate and non-condensate is associated with a new relaxational mode of the gas.Comment: 4 pages, revtex, 1 postscript figure, Fig.1 has been correcte

Phase diagram of glassy systems in an external field

We study the mean-field phase diagram of glassy systems in a field pointing in the direction of a metastable state. We find competition among a ``magnetized'' and a ``disordered'' phase, that are separated by a coexistence line as in ordinary first order phase transitions. The coexistence line terminates in a critical point, which in principle can be observed in numerical simulations of glassy models.Comment: 4 pages, 5 figure