Proof and Prejudice: A Constitutional Challenge to the Treatment of Prejudicial Evidence in Federal Criminal Cases

The United States Supreme Court held its 1970 decision In re Winship that in criminal prosecutions the Constitution requires proof of guilt beyond a reasonable doubt. Professor Lewis argues that Winship governs the validity of evidence rules in criminal cases and requires that rules of evidence do not impair the reliability of criminal convictions. The author concludes that Federal Rule of Evidence 403, which permits the admission of prejudicial evidence unless the danger of unfair prejudice substantially outweighs probative value, violates this requirement. Rule 403 substantially increases the risk of erroneous decisionmaking and prescribes a balancing test that unconstitutionally places the major risk of decisionmaking error on the defendant. The author proposes a revision to Rule 403 that would impose on the prosecution, rather than on the defendant, the burden of showing that probative value substantially outweighs the danger of unfair prejudice. Such a revision would make Rule 403 constitutional under Winship-based reliability demands

Getting on the E List: E-Mail Use in a Community of Service Provider

This case examines how a community of organizations providing service to people experiencing homelessness made use of an electronic mail list. Current economic conditions have encouraged organizations in various sectors—including nonprofits—that might normally compete for scarce resources to collaborate with one another to increase their chances of survival. One set of tools likely to be of value in such relationships includes various online discussion technologies. An examination of this community’s email list use over a three-year period suggests a somewhat complex picture regarding technology use. More specifically, some issues both constrain and enable use. Additionally, seemingly basic and minimal uses of the list provided not only the greatest functionality for the users, but also led to several unanticipated consequences for those involved

Internal cantholysis for full thickness eyelid defects

AbstractEyelid reconstruction requires an understanding of normal eyelid anatomy and function. A thorough understanding of the basic anatomy, contour, and mobility of the eyelids is essential in restoring the tissue to its presurgical level. There are many different surgical options to assist in the repair of full thickness eyelid defects involving the margin. Direct wound closure depends on eyelid laxity and is often possible with smaller defects. Moderate to larger sized defects are often under undue wound tension if direct closure is attempted. We have developed a new technique for closure of eyelid defects using a transconjunctival cantholysis to release the lateral canthal tendon cruces, thereby avoiding the external incision while still allowing for eyelid mobility. Using this technique for defects 15mm in horizontal eyelid margin length or greater, we have found positive results. Direct closure of eyelid defects represents the most straightforward technique to repair any full-thickness eyelid defect and provides maximal functional and cosmetic results. Internal cantholysis represents an excellent option for repairing smaller and even larger full thickness eyelid defects. Eyelid mobility increases by 4–10mm, sometimes more, and allows for closure of defects larger than even 20mm

In situ Rb-Sr dating by collision cell, multicollection inductively-coupled plasma mass-spectrometry with pre-cell mass-filter, (CC-MC-ICPMS/MS)

We document the utility for in situ Rb–Sr dating of a one-of-a-kind tribrid mass spectrometer, ‘Proteus’, coupled to a UV laser ablation system. Proteus combines quadrupole mass-filter, collision cell and sector magnet with a multicollection inductively-coupled plasma mass spectrometer (CC-MC-ICPMS/MS). Compared to commercial, single collector, tribrid inductively-coupled plasma mass spectrometers (CC-ICPMS/MS) Proteus has enhanced ion transmission and offers simultaneous collection of all Sr isotopes using an array of Faraday cups. These features yield improved precision in measured (87)Sr/(86)Sr ratios, for a given mass of Sr analysed, approximately a factor of 25 in comparison to the Thermo Scientific™ iCAP TQ™ operated under similar conditions. Using SF(6) as a reaction gas on Proteus, measurements of Rb-doped NIST SRM (standard reference material) 987 solutions, with Rb/Sr ratios from 0.01–100, yield (87)Sr/(86)Sr that are indistinguishable from un-doped NIST SRM 987, demonstrating quantitative ‘chemical resolution’ of Rb from Sr. We highlight the importance of mass-filtering before the collision cell for laser ablation (87)Sr/(86)Sr analysis, using an in-house feldspar standard and a range of glass reference materials. By transmitting only those ions with mass-to-charge ratios 82–92 u/e into the collision cell, we achieve accurate (87)Sr/(86)Sr measurements without any corrections for atomic or polyatomic isobaric interferences. Without the pre-cell mass-filtering, measured in situ(87)Sr/(86)Sr ratios are inaccurate. Combining in situ measurements of Rb/Sr and radiogenic Sr isotope ratios we obtain mineral isochrons. We utilise a sample from the well-dated Dartmoor granite (285 ± 1 Ma) as a calibrant for our in situ ages and, using the same conditions, produce accurate Rb–Sr isochron ages for samples of the Fish Canyon tuff (28 ± 2 Ma) and Shap granite pluton (397 ± 1 Ma). Analysing the same Dartmoor granite sample using identical laser conditions and number of spot analyses using the Thermo Scientific™ iCAP TQ™ yielded an isochron slope 5× less precise than Proteus. We use an uncertainty model to illustrate the advantage of using Proteus over single collector CC-ICPMS/MS for in situ Rb–Sr dating. The results of this model show that the improvement is most marked for samples that have low Rb/Sr (<10) or are young (<100 Ma). We also report the first example of an in situ, internal Rb–Sr isochron from a single potassium-feldspar grain. Using a sample from the Shap granite, we obtained accurate age and initial (87)Sr/(86)Sr with 95% confidence intervals of ±1.5% and ±0.03% respectively. Such capabilities offer new opportunities in geochronological studies

Emissivity Results on High Temperature Coatings for Refractory Composite Materials

The directional emissivity of various refractory composite materials considered for application for reentry and hypersonic vehicles was investigated. The directional emissivity was measured at elevated temperatures of up to 3400 F using a directional spectral radiometric technique during arc-jet test runs. A laboratory-based relative total radiance method was also used to measure total normal emissivity of some of the refractory composite materials. The data from the two techniques are compared. The paper will also compare the historical database of Reinforced Carbon-Carbon emissivity measurements with emissivity values generated recently on the material using the two techniques described in the paper

XMM-Newton and Chandra Observations of the Galaxy Group NGC 5044. I. Evidence for Limited Multi-Phase Hot Gas

Using new XMM and Chandra observations we present an analysis of the temperature structure of the hot gas within a radius of 100 kpc of the bright nearby galaxy group NGC 5044. A spectral deprojection analysis of data extracted from circular annuli reveals that a two-temperature model (2T) of the hot gas is favored over single-phase or cooling flow (M_dot = 4.5 +/- 0.2 M_{sun}/yr) models within the central ~30 kpc. Alternatively, the data can be fit equally well if the temperature within each spherical shell varies continuously from ~T_h to T_c ~ T_h/2, but no lower. The high spatial resolution of the Chandra data allows us to determine that the temperature excursion T_h --> T_c required in each shell exceeds the temperature range between the boundaries of the same shell in the best-fitting single-phase model. This is strong evidence for a multi-phase gas having a limited temperature range. The cooler component of the 2T model has a temperature (T_c \~ 0.7 keV) similar to the kinetic temperature of the stars. The hot phase has a temperature (T_h ~ 1.4 keV) characteristic of the virial temperature of the \~10^{13} M_{sun} halo expected in the NGC 5044 group. However, in view of the morphological disturbances and X-ray holes visible in the Chandra image within R ~10 kpc, bubbles of gas heated to ~T_h in this region may be formed by intermittent AGN feedback. Some additional heating at larger radii may be associated with the evolution of the cold front near R ~50 kpc, as suggested by the sharp edge in the EPIC images.Comment: 18 pages, 10 figures, Accepted for publication in ApJ, some changes in presentation for consistency with paper 2 (astro-ph/0303054), includes detailed analysis of azimuthal spectral variations in the chandra image, conclusions unchanged from previous versio

Study protocol: asking questions about alcohol in pregnancy (AQUA): a longitudinal cohort study of fetal effects of low to moderate alcohol exposure

Despite extensive research, a direct correlation between low to moderate prenatal alcohol exposure (PAE) and Fetal Alcohol Spectrum Disorders has been elusive. Conflicting results are attributed to a lack of accurate and detailed data on PAE and incomplete information on contributing factors. The public health effectiveness of policies recommending complete abstinence from alcohol during pregnancy is challenged by the high frequency of unplanned pregnancies, where many women consumed some alcohol prior to pregnancy recognition. There is a need for research evidence emphasizing timing and dosage of PAE and its effects on child development