2,318 research outputs found
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-TetraÂmethÂoxy-6,7,14,15-tetraÂhydro-6,14-methanoÂcycloÂoctaÂ[1,2-b;5,6-bâČ]diquinoline
The racemic title compound, C27H26N2O4, crystallizes with its central carbon bridge on a twofold axis. It forms parallel chains of molÂecules utilizing aryl offset faceâface interÂactions with an interplanar distance of about 3.5â
Ă
. These chains associate further by means of pairs of OâCH2âHâŻÏ (with Hâring distances ranging from 2.69 to 2.95â
Ă
) and OâCH2âHâŻN motifs. The methÂoxy groups in this structure are coplanar with the aromatic rings to which they are attached. This is recognized as being common behaviour amongst aromatic methÂoxy compounds
The theophyllineâenoxacin interaction: I. Effect of enoxacin dose size on theophylline disposition
Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/110004/1/cptclpt1988197.pd
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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 He
We propose a model to treat the local motion of atoms in solid 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 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 He.Comment: 10 pages, 10 figure
Seeing the way: visual sociology and the distance runner's perspective
Employing visual and autoethnographic data from a twoâyear 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 observationâbased 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
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