3,588 research outputs found

    Review of Merchant-Ivory: Interviews edited by Laurence Raw.

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    Review of Merchant-Ivory: Interviews edited by Laurence Raw

    Remaining Silent in Indian Country: Self-Incrimination and Grants of Immunity for Tribal Court Defendants

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    A defendant in state and federal courts is entitled to a constitutional protection against self-incrimination. The Fifth Amendment establishes this privilege, which can only be overcome through a voluntary waiver or by the granting of an appropriate level of immunity. Those grants of immunity were made mutually binding on the state and federal governments in Kastigar v. United States and Murphy v. Waterfront Commission of New York Harbor. However, in Talton v. Mayes, the U.S. Supreme Court held that the Fifth and Fourteenth Amendments do not limit the conduct of the more than 560 federally recognized Indian tribes within the boundaries of the United States. In response, Congress exercised its plenary power and passed the Indian Civil Rights Act (ICRA). Under federal law, ICRA extended many, but not all, protections afforded under the Bill of Rights to tribal defendants without any required action from the tribes; many of the provisions are verbatim from the Constitution’s amendments. However, the complicated distribution of jurisdiction amongst sovereigns, as well as the tribal authority to create and implement unique constitutions and systems of justice, calls into question the standard by which to evaluate violations of the privilege against self-incrimination in tribal court. Furthermore, rare examples exist in which a court of any jurisdiction has considered or extended the mutually binding nature of grants of immunity and the use of testimony compelled by a separate jurisdiction to include tribal courts. This Comment suggests that violations of ICRA’s protections against self-incrimination be evaluated under a Fifth Amendment standard, utilizing U.S. Supreme Court precedent. This approach ensures a predictable analysis that is consistent with the legislative intent of ICRA and minimizes potential complications upon federal habeas review. This Comment further suggests that the universal application of Fifth Amendment precedent is a prerequisite for mutual and binding recognition of tribal, state, and federal grants of immunity. Mutual recognition places tribal courts on equal footing with state and federal courts. Further, a defendant facing prosecution in two or more courts exercising concurrent jurisdiction benefits when courts extend and recognize binding grants of immunity. Lastly, when grants of immunity apply in each jurisdiction, tribal courts and communities are empowered to pursue avenues of justice unique to tribal traditions and culture

    On a Class of Martingale Problems on Banach Spaces

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    We introduce the local martingale problem associated to semilinear stochastic evolution equations driven by a cylindrical Wiener process and establish a one-to-one correspondence between solutions of the martingale problem and (analytically) weak solutions of the stochastic equation. We also prove that the solutions of well-posed equations are strong Markov processes. We apply our results to semilinear stochastic equations with additive noise where the semilinear term is merely measurable and to stochastic reaction-diffusion equations with H\"older continuous multiplicative noise.Comment: Incorporated referee's comments; final versio

    Flowing gas, non-nuclear experiments on the gas core reactor

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    Flow tests were conducted on models of the gas core (cavity) reactor. Variations in cavity wall and injection configurations were aimed at establishing flow patterns that give a maximum of the nuclear criticality eigenvalue. Correlation with the nuclear effect was made using multigroup diffusion theory normalized by previous benchmark critical experiments. Air was used to simulate the hydrogen propellant in the flow tests, and smoked air, argon, or freon to simulate the central nuclear fuel gas. All tests were run in the down-firing direction so that gravitational effects simulated the acceleration effect of a rocket. Results show that acceptable flow patterns with high volume fraction for the simulated nuclear fuel gas and high flow rate ratios of propellant to fuel can be obtained. Using a point injector for the fuel, good flow patterns are obtained by directing the outer gas at high velocity along the cavity wall, using louvered or oblique-angle-honeycomb injection schemes

    Perturbation of strong Feller semigroups and well-posedness of semilinear stochastic equations on Banach spaces

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    We prove a Miyadera-Voigt type perturbation theorem for strong Feller semigroups. Using this result, we prove well-posedness of the semilinear stochastic equation dX(t) = [AX(t) + F(X(t))]dt + GdW_H(t) on a separable Banach space E, assuming that F is bounded and measurable and that the associated linear equation, i.e. the equation with F = 0, is well-posed and its transition semigroup is strongly Feller and satisfies an appropriate gradient estimate. We also study existence and uniqueness of invariant measures for the associated transition semigroup.Comment: Revision based on the referee's comment

    Simplified models of electromagnetic and gravitational radiation damping

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    In previous work the authors analysed the global properties of an approximate model of radiation damping for charged particles. This work is put into context and related to the original motivation of understanding approximations used in the study of gravitational radiation damping. It is examined to what extent the results obtained previously depend on the particular model chosen. Comparisons are made with other models for gravitational and electromagnetic fields. The relation of the kinetic model for which theorems were proved to certain many-particle models with radiation damping is exhibited

    The Effect of a Vehicle Control Device on Driver Performance in a Simulated Tank Driving Task

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    The purpose of this study was to determine the effect of different vehicle controllers on driver performance in a simulated tank driving task. Eight male civilian volunteers with normal visual acuity drove a simulated tank on a digitized road terrain. The subject monitored his speed by means of a speedometer shown on the monitor. Independent variables were driving controller (joystick, or steering wheel with attached brake and accelerator pedal), and assigned driving speed of 15 or 45 mph (the maximum speed at which the subject was permitted to travel). Dependent variables were mean driving speed (the average speed at which the subject actually drove), and the proportion of time the center of the vehicle remained on the road during travel. Results indicated that subjects using the steering wheel obtained a significantly greater mean driving speed than those using the joystick only when they were permitted to drive a maximum speed of 45 mph. This difference may have little practical significance because the mean driving speed for the two controllers differed by less than 5 mph. There was no significant difference between controllers for the proportion of time the driver was able to keep the center of the vehicle on the road. Results implied that joystick controls have potential as an alternative control technology, and that the ergonomic placement of the joystick could be an important factor in enhancing driver performance

    What Fraction of the Young Clusters in the Antennae Galaxies are "Missing"?

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    A reexamination of the correspondence between 6 cm radio continuum sources and young star clusters in the Antennae galaxies indicates that 85 % of the strong thermal sources have optical counterparts, once the optical image is shifted 1.2 arcsec to the southwest. A sample of 37 radio-optical matches are studied in detail showing correlations between radio properties and a variety of optical characteristics. There is a strong correlation between the radio flux and the intrinsic optical brightness. In particular, the brightest radio source is also the intrinsically brightest optical cluster (WS80). It is also the most extincted cluster in the sample, the strongest CO source and the strongest 15 micron source . Furthermore, the brightest ten radio sources are all amongst the youngest clusters with ages in the range 0 - 4 Myr and extinctions from A_V = 0.5 to 7.6 mag (with a median value of 2.6 mag). Only a few of the very red clusters originally discovered by Whitmore & Schweizer are radio sources, contrary to earlier suggestions. Finally, a new hybrid method of determining cluster ages has been developed using both UBVI colors and H_alpha equivalent widths to break the age-reddening degeneracy.Comment: 51 pages, 13 postscript figures, LaTex. To appear in the Astronomical Journal, 124, 2002, Septembe
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