Reconstructing RFRA: The Contested Legacy of Religious Freedom Restoration

Almost every member of Congress voted to approve the Religious Freedom Restoration Act of 1993 (RFRA), a bill endorsed by an unprecedented coalition of dozens of religious and civil rights organizations spanning the political and ideological spectrum. President Clinton quipped at the signing ceremony that perhaps only divine intervention could explain such an unusual meeting of the minds: the establishment of “new trust” across otherwise irreconcilable “ideological and religious lines,” he remarked, “shows . . . that the power of God is such that, even in the legislative process, miracles can happen.” The RFRA consensus was especially “miraculous” because the legislation addressed a deeply divisive question: whether and under what circumstances religious objectors should be exempt from generally applicable laws. RFRA’s supporters, both within and outside Congress, would surely have had sharp disagreements about many specific claims for religious exemptions to particular laws. Yet they coalesced around RFRA, which circumvented such disagreements at the retail level by codifying a “cross-cutting” statutory standard that judges would be required to apply to an undifferentiated and unknown array of future claims for exemptions to every generally applicable law in the land

The National Security Agency\u27s Domestic Spying Program: Framing the Debate

On Friday, December 16, 2005, the New York Times reported that President George W. Bush had secretly authorized the National Security Agency (NSA) to conduct warrantless surveillance of Americans\u27 telephone and e-mail communications as part of an effort to obtain intelligence about future terrorist activity.\u27 The Times report was based on leaks of classified information, presumably by NSA officials concerned about the legality of the program. The Times reported that at the President\u27s request it had delayed publication of the story for more than a year. The Indiana Law Journal reprinted four documents that, taken together, set forth the basic arguments concerning the lawfulness of the secret NSA surveillance program. The debate outlined by the four documents raises important issues about statutory interpretation in the face of claims of constitutional conflict, executive power during times of war, fundamental privacy rights of Americans, and ultimately, the rule of law in the war on terror

The Law (?) of the Lincoln Assassination

Shortly after John Wilkes Booth killed Abraham Lincoln on April 14, 1865, President Andrew Johnson directed that Booth’s alleged coconspirators be tried in a makeshift military tribunal, rather than in the Article III court that was open for business just a few blocks from Ford’s Theater. Johnson’s decision implicated a fundamental constitutional question that was a subject of heated debate throughout the Civil War: When, if ever, may the federal government circumvent Article III’s requirements of a criminal trial by jury, with an independent, tenure-protected presiding judge, by trying individuals other than members of the armed forces in a military tribunal? The political branches and others have debated this Article III question in several of the nation’s major wars, yet it remains unresolved, particularly with respect to the trial of domestic-law offenses. Moreover, that question is especially significant in the United States’ current armed conflicts against nonstate terrorist organizations, such as al Qaeda, because although members of such enemy forces, who lack international law “combatant immunity,” can often be tried in Article III courts for violation of U.S. criminal laws, Congress has recently authorized military commissions to try such enemy forces for certain domestic-law, war-related offenses. Moreover, during the recent campaign, President Trump indicated that he intends to increase the use of military tribunals—including even to try United States citizens. In attempting to justify the constitutionality of such military trials, the government and several judges on the U.S. Court of Appeals for the D.C. Circuit have turned to the Lincoln assassination commission as a leading precedent, one that is said to help establish a political branch practice that should inform our current constitutional understandings of the proper scope of military jurisdiction. Such reliance on the Lincoln trial as legal authority is, in one sense, understandable, because that proceeding was, in Judge Kavanaugh’s words, “the highest-profile and most important U.S. military commission precedent in American history,” and thus it would be striking—indeed, a significant constitutional embarrassment—to conclude that the trial was unlawful. As this Article demonstrates, however, such respect for the Lincoln assassination trial as a canonical constitutional precedent would itself be historically anomalous. For almost 150 years it was virtually unthinkable for anyone to rely upon that proceeding as venerated legal authority: as one esteemed expert wrote, the Lincoln trial was a case of military jurisdiction that “no self-respecting military lawyer [would] look straight in the eye. There is a rich and familiar literature on many of the great constitutional questions raised during the Civil War—on issues such as secession, habeas suspension, emancipation, and presidential prerogatives. This is, however, the first comprehensive account of one of the most important and most dramatic of the constitutional debates of that war and its aftermath, involving the permissible scope of military justice and whether certain wartime exigencies might justify circumvention of Article III’s guarantees. All three branches engaged on this difficult question during and after the war, but it resisted resolution; indeed, it was the rare constitutional problem that flummoxed even Lincoln himself. At war’s end, the President and many of his congressional allies appeared to be on the verge of repudiating the system of military tribunals that Lincoln himself had superintended. His assassination, however, prompted his successor to convene the most controversial military trial of them all, an audacious proceeding that not only revived the heated debate over the constitutional question, but also precipitated one of the only instances in the nation’s history in which the Executive actually disregarded a judicial order—an action to prevent the Article III courts from adjudicating a challenge to their own displacement. The Article uncovers this fascinating but long-neglected chapter in the history of constitutional war powers. The article also carefully examines the place of the Lincoln trial in the nation’s constitutional discourse over the past century and a half—the ways in which that proceeding, and other Civil War military trials, have been accorded authority, or dismissed as nonauthoritative, by later generations. This broader historical narrative is not only of direct significance to the ongoing constitutional litigation challenging such military trials, but can also inform current academic and judicial debates about whether and under what circumstances political branch practice, especially high-profile precedents, ought to inform, or “liquidate,” the meaning or proper application of the Constitution

Analytical and computational study of magnetization switching in kinetic Ising systems with demagnetizing fields

An important aspect of real ferromagnetic particles is the demagnetizing field resulting from magnetostatic dipole-dipole interaction, which causes large particles to break up into domains. Sufficiently small particles, however, remain single-domain in equilibrium. This makes such small particles of particular interest as materials for high-density magnetic recording media. In this paper we use analytic arguments and Monte Carlo simulations to study the effect of the demagnetizing field on the dynamics of magnetization switching in two-dimensional, single-domain, kinetic Ising systems. For systems in the ``Stochastic Region,'' where magnetization switching is on average effected by the nucleation and growth of fewer than two well-defined critical droplets, the simulation results can be explained by the dynamics of a simple model in which the free energy is a function only of magnetization. In the ``Multi-Droplet Region,'' a generalization of Avrami's Law involving a magnetization-dependent effective magnetic field gives good agreement with our simulations.Comment: 29 pages, REVTeX 3.0, 10 figures, 2 more figures by request. Submitted Phys. Rev.

Stochastic Hysteresis and Resonance in a Kinetic Ising System

We study hysteresis for a two-dimensional, spin-1/2, nearest-neighbor, kinetic Ising ferromagnet in an oscillating field, using Monte Carlo simulations and analytical theory. Attention is focused on small systems and weak field amplitudes at a temperature below $T_{c}$. For these restricted parameters, the magnetization switches through random nucleation of a single droplet of spins aligned with the applied field. We analyze the stochastic hysteresis observed in this parameter regime, using time-dependent nucleation theory and the theory of variable-rate Markov processes. The theory enables us to accurately predict the results of extensive Monte Carlo simulations, without the use of any adjustable parameters. The stochastic response is qualitatively different from what is observed, either in mean-field models or in simulations of larger spatially extended systems. We consider the frequency dependence of the probability density for the hysteresis-loop area and show that its average slowly crosses over to a logarithmic decay with frequency and amplitude for asymptotically low frequencies. Both the average loop area and the residence-time distributions for the magnetization show evidence of stochastic resonance. We also demonstrate a connection between the residence-time distributions and the power spectral densities of the magnetization time series. In addition to their significance for the interpretation of recent experiments in condensed-matter physics, including studies of switching in ferromagnetic and ferroelectric nanoparticles and ultrathin films, our results are relevant to the general theory of periodically driven arrays of coupled, bistable systems with stochastic noise.Comment: 35 pages. Submitted to Phys. Rev. E Minor revisions to the text and updated reference

Learning to Teach About Ideas and Evidence in Science : The Student Teacher as Change Agent

A collaborative curriculum development project was set up to address the lack of good examples of teaching about ideas and evidence and the nature of science encountered by student teachers training to teach in the age range 11-16 in schools in England. Student and teacher-mentor pairs devised, taught and evaluated novel lessons and approaches. The project design required increasing levels of critique through cycles of teaching, evaluation and revision of lessons. Data were gathered from interviews and students' reports to assess the impact of the project on student teachers and to what extent any influences survived when they gained their first teaching posts. A significant outcome was the perception of teaching shifting from the delivery of standard lessons in prescribed ways to endeavours demanding creativity and decision-making. Although school-based factors limited newly qualified teachers' chances to use new lessons and approaches and therefore act as change-agents in schools, the ability to critique curriculum materials and the recognition of the need to create space for professional dialogue were durable gains

Effects of boundary conditions on magnetization switching in kinetic Ising models of nanoscale ferromagnets

Magnetization switching in highly anisotropic single-domain ferromagnets has been previously shown to be qualitatively described by the droplet theory of metastable decay and simulations of two-dimensional kinetic Ising systems with periodic boundary conditions. In this article we consider the effects of boundary conditions on the switching phenomena. A rich range of behaviors is predicted by droplet theory: the specific mechanism by which switching occurs depends on the structure of the boundary, the particle size, the temperature, and the strength of the applied field. The theory predicts the existence of a peak in the switching field as a function of system size in both systems with periodic boundary conditions and in systems with boundaries. The size of the peak is strongly dependent on the boundary effects. It is generally reduced by open boundary conditions, and in some cases it disappears if the boundaries are too favorable towards nucleation. However, we also demonstrate conditions under which the peak remains discernible. This peak arises as a purely dynamic effect and is not related to the possible existence of multiple domains. We illustrate the predictions of droplet theory by Monte Carlo simulations of two-dimensional Ising systems with various system shapes and boundary conditions.Comment: RevTex, 48 pages, 13 figure

Cognitive and Tactile Factors Affecting Human Haptic Performance in Later Life

Background: Vision and haptics are the key modalities by which humans perceive objects and interact with their environment in a target-oriented manner. Both modalities share higher-order neural resources and the mechanisms required for object exploration. Compared to vision, the understanding of haptic information processing is still rudimentary. Although it is known that haptic performance, similar to many other skills, decreases in old age, the underlying mechanisms are not clear. It is yet to be determined to what extent this decrease is related to the age-related loss of tactile acuity or cognitive capacity. Methodology/Principal Findings: We investigated the haptic performance of 81 older adults by means of a cross-modal object recognition test. Additionally, we assessed the subjects ’ tactile acuity with an apparatus-based two-point discrimination paradigm, and their cognitive performance by means of the non-verbal Raven-Standard-Progressive matrices test. As expected, there was a significant age-related decline in performance on all 3 tests. With the exception of tactile acuity, this decline was found to be more distinct in female subjects. Correlation analyses revealed a strong relationship between haptic and cognitive performance for all subjects. Tactile performance, on the contrary, was only significantly correlated with male subjects ’ haptic performance. Conclusions: Haptic object recognition is a demanding task in old age, especially when it comes to the exploration o

Assessing the Effectiveness of a Community Intervention for Monkeypox Prevention in the Congo Basin

Human monkeypox is a potentially severe illness that begins with a high fever soon followed by the development of a smallpox-like rash. Both monkeypox and smallpox are caused by infection with viruses in the genus Orthopoxvirus. But smallpox, which only affected humans, has been eradicated, whereas monkeypox continues to occur when humans come into contact with infected animals. There are currently no drugs specifically available for the treatment of monkeypox, and the use of vaccines for prevention is limited due to safety concerns. Therefore, monkeypox prevention depends on diminishing human contact with infected animals and preventing person-to-person spread of the virus. The authors describe a film-based method for community outreach intended to increase monkeypox knowledge among residents of communities in the Republic of the Congo. Outreach was performed to ∼23,600 rural Congolese. The effectiveness of the outreach was evaluated using a sample of individuals who attended small-group sessions. The authors found that among the participants, the ability to recognize monkeypox symptoms and the willingness to take ill family members to the hospital was significantly increased after seeing the films. In contrast, the willingness to deter some high-risk behaviors, such as eating animal carcasses found in the forest, remained fundamentally unchanged