The T-Rex Without Teeth: Evolving Strickland v. Washington and the Test for Ineffective Assistance of Counsel

In Strickland v. Washington the United States Supreme Court formulated the test for determining whether counsel in a criminal case is ineffective. When the Court decided Strickland it created a doctrine of enormous proportions, but with little impact--a legal tyrannosaurus rex without teeth. In the last decade, by using American Bar Association (“ABA”) standards to evaluate counsel\u27s performance, the Court has given the T-Rex some sizable incisors. The purposes of this article are to: (1) determine how frequently the United States Supreme Court uses ABA standards in its decisions and describe briefly for what purposes the Court uses those standards; (2) describe in some detail the decision of Strickland v. Washington and its test for determining whether counsel was ineffective; (3) describe the decisions of Williams v. Taylor, [FN4] Wiggins v. Smith, [FN5] and Rompilla v Beard, [FN6] and their implications on the test formulated in Strickland as to how the ABA standards relate to defense counsel\u27s duty to investigate; (4) report on the ABA\u27s efforts to discover and describe the causes of ineffective assistance; and (5) suggest changes that tighten the Strickland test, giving it more traction as a guide for the courts in measuring counsel\u27s performance

Between a rock and a hard place: Vulnerability and precarity in rural Nepal

Drawing on a local study on Nepal’s Terai, this paper explores the nature of livelihood exposure to shocks and stresses among rural households in two Village Development Committees in Sunsari District. The primary data are derived from a 117 household survey supplemented by 19 purposefully sampled follow-up interviews. The paper opens with a discussion of the changing nature of exposure in the global South, distinguishing between inherited vulnerability and produced precarity. We then provide background to the research site and the research methods. In the core empirical part of the paper we unravel and distinguish between the livelihood threats and opportunities faced by households in the area and use these to reflect on the nature of ’exposure’, its historical origins and contemporary (re)production. The final part of the paper uses the Nepal case to build a more general argument, proposing that if we are to understand the puzzle of continued livelihood exposure and uncertainty in the context of aggregate economic expansion we need to identify and interrogate the processes that may, at the same time, produce wealth and reduce vulnerability, while also generating precarity

Economic viability of alternative horizontal axis tidal turbine concepts: operation and maintenance simplicity is the key?

A recent dti funded study[1] examined the difference in power capture between a variety of concept horizontal axis tidal turbines (HATT). The aim of the work was to examine the trade-off between design complexity and expected economic cost over the lifetime of tidal turbine farm. Two types of mechanical complexity were examined. The first assumed that the device was free to yaw as the tidal current changes direction. In this case the difference in power capture came from the use of either an optimum uni-directional blade or for a fixed device a bi-directional blade design developed at the University of Southampton. The second complexity was whether the blades would have a controllable pitch. For the basis of the comparison it was assumed that the basic turbine would have a fixed diameter of 20m and be sited in 40m water depth with a spring mean maximum tidal current of 2.5m/s. The methodology adopted was to analyse the hydrodynamic performance and tidal cycle energy capture using a blade element momentum code. In order to make a best-case comparison a blade shape design optimisation was carried out for both the uni and bi-directional blades by searching of the order of 50,000 combinations of chord and twist distributions. A range of alternative blade rpm control strategies were examined to see how this would influence the energy capture. A detailed mechanical system representation was developed so that the reliability and availability of each turbine within the farm could be assessed with a stochastic Monte-Carlo simulation applied to examine variability. The result of the work based on the establishment of a systematic framework, using realistic assumptions was the extent to which the loss in energy conversion efficiency of the simpler concepts was counterbalanced by a reduction in capital and O&amp;M costs. It was concluded that such a simple system is technically feasible and is competitive on a life cycle cost basis and worthy of further consideration<br/

Hot startup experience with electrometallurgical treatment of spent nuclear fuel

The treatment of spent metal fuel from the EBR-II fast reactor commenced in June of 1996 at the Fuel Conditioning Facility on the Argonne-West site in Idaho, USA. During the first year of hot operations, 20 fuel assemblies entered processing and 6 low enrichment uranium product ingots were produced. Results are presented for the various process steps with decontamination factors achieved and equipment operational history reported

Qualitative evaluation of a deferred consent process in paediatric emergency research: a PREDICT study

Background: A challenge of conducting research in critically ill children is that the therapeutic window for the intervention may be too short to seek informed consent prior to enrolment. In specific circumstances, most international ethical guidelines allow for children to be enrolled in research with informed consent obtained later, termed deferred consent (DC) or retrospective consent. There is a paucity of data on the attitudes of parents to this method of enrolment in paediatric emergency research. Objectives: To explore the attitudes of parents to the concept of DC and to expand the knowledge of the limitations to informed consent and DC in these situations.MethodChildren presenting with uncomplicated febrile seizures or bronchiolitis were identified from three separate hospital emergency department databases. Parents were invited to participate in a semistructured telephone interview exploring themes of limitations of prospective informed consent, acceptability of the DC process and the most appropriate time to seek DC. Transcripts underwent inductive thematic analysis with intercoder agreement, using Nvivo 11 software. Results: A total of 39 interviews were conducted. Participants comprehended the limitations of informed consent under emergency circumstances and were generally supportive of DC. However, they frequently confused concepts of clinical care and research, and support for participation was commonly linked to their belief of personal benefit. Conclusion: Participants acknowledged the requirement for alternatives to prospective informed consent in emergency research, and were supportive of the concept of DC. Our results suggest that current research practice seems to align with community expectations.</jats:sec

'Sending Dollars Shows Feeling' - Emotions and Economies in Filipino Migration

This paper analyses the conceptualization of gender, relationships, and emotions that underpin ‘care chains’ approaches to Filipino labour migration. In a case study of long‐distance intimacy and economic transfers in an extended Filipino family, I show how contextualizing migration within local understandings of emotion fractures expectations created by care chains accounts. This case instead reveals agency, diversity, and new forms of global subjectivity emerging through long‐distance emotional connections within the translocal field shaped by labour mobility