On Petition for a Writ of Certiorari to The United States Court of Appeals for The Eighth Circuit, Brief of Law Professors Paul F. Rothstein, et. al., Office of the President v. Office of Independent Counsel

This Court should grant review not only because this is a case of national importance and prominence, but also because the decision below is a conspicuous departure from settled principles of evidence law. The panel majority concluded that communications between government lawyers and government officials are not protected by the attorney-client privilege, at least when those communications are sought by a federal grand jury. That conclusion conflicts with the predominant common-law understanding that the attorney-client privilege applies to government entities and that where the privilege applies, it is absolute (i.e., it protects against disclosure in all types of legal and investigative proceedings). In particular, the Court of Appeals\u27 decision rests on a fundamental misunderstanding of this Court\u27s decisions in Upjohn Co. v. United States, 449 U.S. 383 (1981), and United States v. Nixon, 418 U.s. 683 (1974). Moreover, this case warrants further review because the decision below has profound implications beyond the parties to this dispute. The Court of Appeals\u27 ruling, if allowed to stand, will create widespread uncertainty among federal, state, and local officials concerning the extent to which their communications with their agency lawyers, for the purpose of seeking legal advice in the conduct of governmental affairs, are protected by the attorney-client privilege. Unless this Court grants review and resolves this uncertainty, the decision below will likely have an adverse effect on the current and future operation of not only the Office of the President of the United States, but also government at all levels. At the very least, a decision of such vast implications (as in the present case) should be made by the highest court in the land. We accordingly urge the Court to grant the petition for review

2,3,10,11-Tetra­meth­oxy-6,7,14,15-tetra­hydro-6,14-methano­cyclo­octa­[1,2-b;5,6-b′]diquinoline

The racemic title compound, C27H26N2O4, crystallizes with its central carbon bridge on a twofold axis. It forms parallel chains of mol­ecules utilizing aryl offset face–face inter­actions with an interplanar distance of about 3.5 Å. These chains associate further by means of pairs of O—CH2—H⋯π (with H–ring distances ranging from 2.69 to 2.95 Å) and O—CH2—H⋯N motifs. The meth­oxy groups in this structure are coplanar with the aromatic rings to which they are attached. This is recognized as being common behaviour amongst aromatic meth­oxy compounds

The theophylline‐enoxacin interaction: I. Effect of enoxacin dose size on theophylline disposition

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/110004/1/cptclpt1988197.pd

Bayes Wars Redivivus - An Exchange

An electronic exchange among 10 evidence scholars that began with a discussion of the restyled Federal Rules and grew into a significant restatement of debates in evidentiary scholarship over the last 50 years, touching on relevance, probative value, inference, Bayesianism and the foundations of evidence, with an introduction by Michael Risinger

Local modes, phonons, and mass transport in solid 4^4He

We propose a model to treat the local motion of atoms in solid $^{4}$He as a local mode. In this model, the solid is assumed to be described by the Self Consistent Harmonic approximation, combined with an array of local modes. We show that in the bcc phase the atomic local motion is highly directional and correlated, while in the hcp phase there is no such correlation. The correlated motion in the bcc phase leads to a strong hybridization of the local modes with the T$_{1}(110)$ phonon branch, which becomes much softer than that obtained through a Self Consistent Harmonic calculation, in agreement with experiment. In addition we predict a high energy excitation branch which is important for self-diffusion. Both the hybridization and the presence of a high energy branch are a consequence of the correlation, and appear only in the bcc phase. We suggest that the local modes can play the role in mass transport usually attributed to point defects (vacancies). Our approach offers a more overall consistent picture than obtained using vacancies as the predominant point defect. In particular, we show that our approach resolves the long standing controversy regarding the contribution of point defects to the specific heat of solid $^{4}$He.Comment: 10 pages, 10 figure

Seeing the way: visual sociology and the distance runner's perspective

Employing visual and autoethnographic data from a two‐year research project on distance runners, this article seeks to examine the activity of seeing in relation to the activity of distance running. One of its methodological aims is to develop the linkage between visual and autoethnographic data in combining an observation‐based narrative and sociological analysis with photographs. This combination aims to convey to the reader not only some of the specific subcultural knowledge and particular ways of seeing, but also something of the runner's embodied feelings and experience of momentum en route. Via the combination of narrative and photographs we seek a more effective way of communicating just how distance runners see and experience their training terrain. The importance of subjecting mundane everyday practices to detailed sociological analysis has been highlighted by many sociologists, including those of an ethnomethodological perspective. Indeed, without the competence of social actors in accomplishing these mundane, routine understandings and practices, it is argued, there would in fact be no social order

Confrontation and the Utility of Rules

There is a good reason why evidence scholars continue to be fascinated and perplexed, and some courts continue at least to be perplexed, by the types of evidence that tend to be lumped together misleadingly under the headings nonassertive conduct or implied assertions. Evidence of this sort highlights a paradox of the prevailing law of hearsay. I believe that this paradox cannot be resolved without fundamentally transforming the structure of that law. Thus, while I agree - within the current framework - with many of the insights so ably stated in this Symposium, I think evidence scholars must devote their efforts to construction of a better structure

A T8.5 Brown Dwarf Member of the Xi Ursae Majoris System

The Wide-field Infrared Survey Explorer has revealed a T8.5 brown dwarf (WISE J111838.70+312537.9) that exhibits common proper motion with a solar-neighborhood (8 pc) quadruple star system - Xi Ursae Majoris. The angular separation is 8.5 arc-min, and the projected physical separation is about 4000 AU. The sub-solar metallicity and low chromospheric activity of Xi UMa A argue that the system has an age of at least 2 Gyr. The infrared luminosity and color of the brown dwarf suggests the mass of this companion ranges between 14 and 38 Jupiter masses for system ages of 2 and 8 Gyr respectively.Comment: AJ in press, 12 pages LaTeX with 6 figures. More astrometric data and a laser guide star adaptive optics image adde

Evaluating Student Volunteer and Service-Learning Programs: A Casebook for Practitioners

Today, evaluation concepts and methods are widely available to those who plan and administer student volunteer programs. Unfortunately, however, evaluation has all too often been carried out-and written about-in ways that have robbed it of its usefulness to people dealing with the realities of day-to-day program operation. Evaluation has thus acquired the reputation among practitioners of being too complex, too costly, too time-consuming, even too threatening to be of much practical value