Quantifying the Contours of Power: Chief Justice Roberts & Justice Kennedy in Criminal Justice Cases

This Article seeks to contribute to the debate with an empirical analysis of voting behavior in criminal justice cases decided during the first ten Terms of the Roberts Court era. The following section presents the study’s case selection and introduces the types of measures used to illuminate influence on the High Court (Part II). Court- and individual-level tendencies (Part III) identify potential spheres of influence occupied by Chief Justice Roberts and Justice Kennedy. These bases of judicial power are examined separately in Part IV (Chief Justice Roberts) and Part V (Justice Kennedy). Some possible implications of Justice Scalia’s death on these power bases are addressed in Part VI

Chief Justice William Rehnquist: His Law-and-Order Legacy and Impact on Criminal Justice

In this article, we explore Chief Justice Rehnquist’s criminal justice decisions through an empirical analysis of the Court’s decision-making tendencies for the most recent natural court and a review of selected criminal justice decisions written by Justice Rehnquist throughout his career. To start, we limit the analysis, with only two exceptions, to decisions actually written by Justice Rehnquist. Although Chief Justice Rehnquist, in that position, had an important role in leading other justices to agree with him by assigning cases, we gleaned a substantial amount of information regarding his decisional patterns and policy preferences by analyzing the opinions he personally authored. The focus of this inquiry, then, is Justice Rehnquist’s actual opinions and not his votes in other cases. This empirical analysis is complemented and given context by a discussion of the overall thrust of criminal justice cases decided by the Court in the last decade...In Section II we provide a brief biographical sketch of Justice Rehnquist’s education and career. We then analyze the criminal justice decisions of the most recent Rehnquist Court using cases from 1995-2005 in Section III. This time frame captures Rehnquist’s last natural court with the exception of the first term. Although Justice Breyer–the last member to join the Court of interest here–served a full term in 1994, we do not include the 1994-1995 Term to avoid the risk that Breyer’s performance (and the Court’s more general decision patterns) might have been distorted by the “freshman effect.” In Section IV we extend the period under review and examine some of Justice Rehnquist’s written opinions, both as an Associate Justice and as Chief Justice. In the final section, we discuss the overall impact of Justice Rehnquist’s decisions on criminal justice issues and revisit the characterization of Rehnquist as central to a “law and order” shift

Are aerobic fitness and repeated sprint ability linked to fatigue in professional soccer match-play? A pilot study

This investigation examined the association between aerobic fitness and repeated sprint ability and match-related fatigue in 9 professional outfield soccer players. Aerobic fitness using maximal aerobic speed (MAS) was determined via a continuous progressive incremental running test conducted on a motorised treadmill. A repeated sprint ability test (6 successive 6 s sprints separated by 20 s passive recovery) was performed on a non-motorised treadmill to determine mean and best sprint times and a percentage decrement score (%PD). A total of 114 observations of physical performance derived using computerised time motion analyses were collected from 33 matches. Correlations between fitness test and match-play measures were examined for 1) accumulated fatigue: percentage difference between halves for total distance covered per minute, distance run at high-intensities (HIR, actions for 1s duration, >19.1 km/h) per minute, mean recovery time between high-intensity runs, and percentage difference between the distance covered in HIR in the first 5- and 15-minute periods versus the final 5- and 15-minute periods respectively in normal time; and for 2) transient fatigue: percentage difference between the distance covered in HIR in a peak 5-minute period and the subsequent 5-minute period and for the latter compared to the mean for all other 5-minute periods. No significant relationships were observed between MAS and fatigue scores (magnitude of associations: trivial to large). For mean and best sprint times and %PD, the only reported significant correlation (r=0.77, magnitude of association: very large, p<0.05) was between %PD and the % difference across halves for mean recovery time between high-intensity runs (magnitude of other associations: small to large). Criterion measures from tests of aerobic fitness and repeated sprint ability might not accurately depict a player’s capacity to resist fatigue during professional soccer competition

Squad management, injury and match performance in a professional soccer team over a Championship-winning season

Squad management, injury and physical, tactical and technical match performance were investigated in a professional soccer team across five consecutive league seasons (2008–2013, 190 league games) with specific focus on a championship-winning season (2010/11). For each player, match participation and time-loss injuries were recorded, the latter prospectively diagnosed by the team's physician. Defending and attacking tactical and technical performance indicators investigated included ball possession and possession in opponents' half, passes, forward passes, completed passes and forward passes, crosses and completed crosses, goal attempts and goal attempts on target, successful final third entries, free-kicks and 50/50 duels won/lost. Physical performance measures included total distance and distance covered at high-speeds (≥19.1 km/h). Results showed that during the 2010/11 season, squad utilisation was lowest potentially owing to the observed lower match injury occurrence and working days lost to injury thereby increasing player availability. In 2010/11, the team won both its highest number of points and conceded its lowest number of goals especially over the second half of this season. The team also won its highest number of games directly via a goal from a substitute and scored and conceded a goal first on the highest and lowest number of occasions, respectively. While multivariate analysis of variance (MANOVA) detected a significant difference in some attacking and defensive performance indicators across the five seasons, these were generally not distinguishing factors in 2010/11. Similarly, univariate ANOVAs showed a significant difference in running distances covered across seasons, but the trend was for less activity in 2010/11

A complete record from colonization to extinction reveals density dependence and the importance of winter conditions for a population of the silvery blue, Glaucopsyche lygdamus.

Butterflies in the family Lycaenidac are often the focus of conservation efforts. However, our understanding of lycaenid population dynamics has been limited to relatively few examples of long-term monitoring data that have been reported. Here, factors associated with population regulation are investigated using a complete record of a single population of the silvery blue, Glaucopsyche lygdamus Doubleday (Lepidoptera: Lycaenidae). Adults of G. lygdamus were first observed in an annual grassland near Davis, California, in 1982 and were last seen in 2003. Relationships between inter-annual variation in abundance and climatic variables were examined, accounting for density dependent effects. Significant effects of both negative density dependence and climatic variation were detected, particularly precipitation and temperature during winter months. Variation in precipitation, the strongest predictor of abundance, was associated directly and positively with butterfly abundance in the same year. Winter temperatures had a negative effect in the same year, but had a lagged, positive effect on abundance in the subsequent year. Mechanistic hypotheses are posed that include climatic effects mediated through both larval and adult plant resources

Reforming electricity rates to enable economically competitive electric trucking

The imperative to decarbonize long-haul, heavy-duty trucking for mitigating both global climate change as well as air pollution is clear. Given recent developments in battery and ultra-fast charging technology, some of the prominent barriers to electrification of trucking are dissolving rapidly. Here we shed light on a significant yet less-understood barrier, which is the general approach to retail electricity pricing. We show that this is a near term pathway to 0.06/kWh charging costs that will make electric trucking substantially cheaper than diesel. This pathway includes (i) reforming demand charges to reflect true, time-varying system costs; (ii) avoiding charging during a few specific periods (<45 h in a year) when prices are high; and (iii) achieving charging infrastructure utilization of 33% or greater. However, without reforming demand charges and low utilization of charging infrastructure, charging costs more than quadruple (to 0.28/kWh). We also illustrate that a substantial share of current trucking miles within select large regions of the United States can be reliably electrified without constraining electricity generation capacity as it exists today. Using historical hourly electricity price and load data for last 10 years and future projections in Texas and California, we show that electricity demand is at least 10% lower than yearly peak demand for at least 15 h on any given day. In sum, with electricity rates that closely reflect actual power system costs of serving off-peak trucking load, we show that electric trucks can provide overwhelming cost savings over diesel trucks. For reference, at diesel prices of $3.16/gal and charging costs of$0.06/kWh (inclusive of amortized charging station infrastructure costs), an electric truck's fuel cost savings are $251 000 (NPV), providing net savings of$61 000 (18% of lifetime diesel fuel cost) over the truck's lifetime at battery price of $170/kWh, or up to$148 000 (44% of lifetime diesel fuel cost) at a battery price of $100/kWh (figure 1)

Spectropolarimetry of the Type IIb Supernova 2001ig

We present spectropolarimetric observations of the Type IIb SN 2001ig in NGC 7424; conducted with the ESO VLT FORS1 on 2001 Dec 16, 2002 Jan 3 and 2002 Aug 16 or 13, 31 and 256 days post-explosion. These observations are at three different stages of the SN evolution: (1) The hydrogen-rich photospheric phase, (2) the Type II to Type Ib transitional phase and (3) the nebular phase. At each of these stages, the observations show remarkably different polarization properties as a function of wavelength. We show that the degree of interstellar polarization is 0.17%. The low intrinsic polarization (~0.2%) at the first epoch is consistent with an almost spherical (<10% deviation from spherical symmetry) hydrogen dominated ejecta. Similar to SN 1987A and to Type IIP SNe, a sharp increase in the degree of the polarization (~1%) is observed when the outer hydrogen layer becomes optically thin by day 31; only at this epoch is the polarization well described by a ``dominant axis.'' The polarization angle of the data shows a rotation through ~40 degrees between the first and second epochs, indicating that the asymmetries of the first epoch were not directly coupled with those observed at the second epoch. For the most polarized lines, we observe wavelength-dependent loop structures in addition to the dominant axis on the Q-U plane. We show that the polarization properties of Type IIb SNe are roughly similar to one another, but with significant differences arising due to line blending effects especially with the high velocities observed for SN 2001ig. This suggests that the geometry of SN 2001ig is related to SN 1993J and that these events may have arisen from a similar binary progenitor system.Comment: 42 pages, 12 figures (figs. 11 and 12 are both composed of four subpanels, figs. 6,7,8,11 and 12 are in color, fig. 1 is low res and a high res version is available at http://www.as.utexas.edu/~jrm/), ApJ Accepte

Loss of signal transducer and activator of transcription 1 is associated with prostate cancer recurrence

STAT1 loss has previously been implicated in cell line studies to modify prostate cancer cell growth and survival, however the clinical significance of this has not previously been established. This study investigated if STAT1 loss was associated with patient outcome measures and the phenotypic consequence of STAT1 silencing. STAT1 expression was assessed in two patient cohorts with localised (n = 78) and advanced prostate cancer at initial diagnosis (n = 39) by immunohistochemistry (IHC). Impact of STAT1 silencing on prostate cancer cells lines was assessed using Cell Death detection ELISA, TLDA gene signature apoptosis arrays, WST-1 assay, xCELLigence system, clonogenic assay, and wound healing assay. In the localised patient cohort, low expression of STAT1 was associated with shorter time to disease recurrence (3.8 vs 7.3 years, P = 0.02) and disease specific survival (6.6 vs 9.3 years, P = 0.05). In the advanced patient cohort, low expression was associated with shorter time to disease recurrence (2.0 vs 3.9 years, P = 0.001). When STAT1 was silenced in PC3 cells (AR negative) and LNCaP cells (AR positive) silencing did not influence levels of apoptosis in either cell line and had little effect on cell viability in the LNCaP cells. In contrast, STAT1 silencing in the PC3 cells resulted in a pronounced increase in cell viability (WST-1 assay: mock silenced vs STAT1 silenced, P &lt; 0.001), clonagenicity (clonogenic assay: mock silenced vs STAT1 silenced, P &lt; 0.001), and migration (wound healing: mock silenced vs STAT1 silenced, P &lt; 0.001). In conclusion, loss of STAT1 may promote prostate cancer recurrence in AR negative patients via increasing cell viability