Protecting State Constitutional Rights from Unconstitutional Conditions

The unconstitutional conditions doctrine limits the ability of governments to force individuals to choose between retaining a right and enjoying a government benefit. The doctrine has primarily remained a creature of federal law, with neither courts nor commentators focusing on the potentially important role of state doctrines of unconstitutional conditions. This omission has become especially significant during the COVID-19 pandemic, as actions by state and local governments have presented unconstitutional conditions questions in a range of novel contexts. The overruling of Roe v. Wade and the resulting focus on state constitutional rights to abortion will offer additional new settings for state unconstitutional conditions analysis. As attention turns to distinctive state constitutional rights — in the context of COVID-19 disputes, abortion litigation, and more generally — state courts should develop their own state doctrines of unconstitutional conditions, rather than simply reverting to federal unconstitutional conditions analysis. Three reasons in particular drive this doctrinal claim. First, the unconstitutional conditions doctrine helps to define the scope and weight of a constitutional right. A state court that ignores the unconstitutional conditions doctrine when considering the constitutionality of a state statute or regulation risks undermining the very nature of the right. Second, uncritically adopting federal doctrine ignores the state’s distinctive legal framework, interests, and history, all of which might lead to a deviation from federal law. With respect to the topics on which unconstitutional conditions litigation typically focuses, such as licenses and permits, the federal-state disparities are especially stark. Third, robust legal development in our federal system depends in part upon the interplay of different institutional interpreters. When state courts and federal courts engage in independent interpretative activity, they create the possibility of dialogue and mutual learning. This interpretive interplay enhances federal doctrine, as well as doctrinal development in other states. Given the gaps and inconsistencies in the unconstitutional conditions doctrine, such interjurisdictional enlightenment is especially needed in this area. After explaining why states should develop their own doctrines of unconstitutional conditions, we suggest the relevant considerations that should guide states in formulating their doctrines

Chimpanzees demonstrate individual differences in social information use

Studies of transmission biases in social learning have greatly informed our understanding of how behaviour patterns may diffuse through animal populations, yet within-species inter-individual variation in social information use has received little attention and remains poorly understood. We have addressed this question by examining individual performances across multiple experiments with the same population of primates. We compiled a dataset spanning 16 social learning studies (26 experimental conditions) carried out at the same study site over a 12-year period, incorporating a total of 167 chimpanzees. We applied a binary scoring system to code each participant’s performance in each study according to whether they demonstrated evidence of using social information from conspecifics to solve the experimental task or not (Social Information Score—‘SIS’). Bayesian binomial mixed effects models were then used to estimate the extent to which individual differences influenced SIS, together with any effects of sex, rearing history, age, prior involvement in research and task type on SIS. An estimate of repeatability found that approximately half of the variance in SIS was accounted for by individual identity, indicating that individual differences play a critical role in the social learning behaviour of chimpanzees. According to the model that best fit the data, females were, depending on their rearing history, 15–24% more likely to use social information to solve experimental tasks than males. However, there was no strong evidence of an effect of age or research experience, and pedigree records indicated that SIS was not a strongly heritable trait. Our study offers a novel, transferable method for the study of individual differences in social learning

Robust retention and transfer of tool construction techniques in chimpanzees (Pan troglodytes)

Long-term memory can be critical to a species’ survival in environments with seasonal and even longer-term cycles of resource availability. The present, longitudinal study investigated whether complex tool behaviors used to gain an out-of-reach reward, following a hiatus of about 3 years and 7 months since initial experiences with a tool use task, were retained and subsequently executed more quickly by experienced than by naïve chimpanzees. Ten of the 11 retested chimpanzees displayed impressive long-term procedural memory, creating elongated tools using the same methods employed years previously, either combining 2 tools or extending a single tool. The complex tool behaviors were also transferred to a different task context, showing behavioral flexibility. This represents some of the first evidence for appreciable long-term procedural memory, and improvements in the utility of complex tool manufacture in chimpanzees. Such long-term procedural memory and behavioral flexibility have important implications for the longevity and transmission of behavioral traditions

Lack of conformity to new local dietary preferences in migrating captive chimpanzees

G.L.V., S.D. and A.W. were funded by the John Templeton Foundation (Grant ID: 40128 to A.W. and K. Laland). Support for the chimpanzee colony came from NIHU42-OD-011197.Conformity to the behavioural preferences of others can have powerful effects on intra-group behavioural homogeneity in humans, but evidence in animals remains minimal. In this study, we took advantage of circumstances in which individuals or pairs of captive chimpanzees, Pan troglodytes, were “migrated” between groups, to investigate whether immigrants would conform to a new dietary population preference experienced in the group they entered, an effect suggested by recent fieldwork. Such ‘migratory-minority’ chimpanzees were trained to avoid one of two differently-coloured foods made unpalatable, before ‘migrating’ to, and then observing, a ‘local-majority’ group consume a different food colour. Both migratory-minority and local-majority chimpanzees displayed social learning, spending significantly more time consuming the previously unpalatable, but instead now edible, food, than did control chimpanzees who did not see immigrants eat this food, nor emigrate themselves. However, following the migration of migratory-minority chimpanzees, these control individuals and the local-majority chimpanzees tended to rely primarily upon personal information, consuming first the food they had earlier learned was palatable before sampling the alternative. Thus, chimpanzees did not engage in conformity in the context we tested; instead seeing others eat a previously unpalatable food led to socially learned and adaptive re-exploration of this now-safe option in both minority and majority participants.PostprintPeer reviewe

Nonadjacent dependency processing in monkeys, apes and humans

The ability to track syntactic relationships between words, particularly over distances (“nonadjacent dependencies”), is a critical faculty underpinning human language, although its evolutionary origins remain poorly understood. While some monkey species are reported to process auditory nonadjacent dependencies, comparative data from apes are missing, complicating inferences regarding shared ancestry. Here, we examined nonadjacent dependency processing in common marmosets, chimpanzees, and humans using “artificial grammars”: strings of arbitrary acoustic stimuli composed of adjacent (nonhumans) or nonadjacent (all species) dependencies. Individuals from each species (i) generalized the grammars to novel stimuli and (ii) detected grammatical violations, indicating that they processed the dependencies between constituent elements. Furthermore, there was no difference between marmosets and chimpanzees in their sensitivity to nonadjacent dependencies. These notable similarities between monkeys, apes, and humans indicate that nonadjacent dependency processing, a crucial cognitive facilitator of language, is an ancestral trait that evolved at least ~40 million years before language itself

Distal communication by chimpanzees (Pan troglodytes): evidence for common ground?

van der Goot et al. (2014) proposed that distal, deictic communication indexed the appreciation of the psychological state of a common ground between a signaler and a receiver. In their study, great apes did not signal distally, which they construed as evidence for the human uniqueness of a sense of common ground. This study exposed 166 chimpanzees to food and an experimenter, at an angular displacement, to ask, “Do chimpanzees display distal communication?” Apes were categorized as (a) proximal or (b) distal signalers on each of four trials. The number of chimpanzees who communicated proximally did not statistically differ from the number who signaled distally. Therefore, contrary to the claim by van der Goot et al., apes do communicate distally

Orthographic Distinctiveness and Semantic Elaboration Provide Separate Contributions to Memory

Orthographic distinctiveness and semantic elaboration both enhance memory. The present behavioral and functional magnetic resonance imaging (fMRI) studies examined the relationship between the influences of orthographic distinctiveness and semantic elaboration on memory, and explored whether they make independent contributions. As is typical for manipulations of processing levels, words studied during semantic encoding were better remembered than words studied during nonsemantic encoding. Notably, orthographically distinct words were better recalled and received more remember responses on recognition memory tests than orthographically common words regardless of encoding task, suggesting that orthographic distinctiveness has an additive effect to that of semantic elaboration on memory. In the fMRI study, ortho-graphic distinctiveness and semantic elaboration engaged separate networks of brain regions. Semantic elaboration modulated activity in left inferior prefrontal and lateral temporal regions. In contrast, orthographic distinctiveness modulated activity in distinct bilateral inferior prefrontal, extrastriate, and parietal regions. Orthographic distinctiveness and semantic elaboration appear to have separate behavioral and functional-anatomic contributions to memory.Psycholog

Statistical Multifragmentation in Central Au+Au Collisions at 35 MeV/u

Multifragment disintegrations, measured for central Au + Au collisions at E/A = 35 MeV, are analyzed with the Statistical Multifragmentation Model. Charge distributions, mean fragment energies, and two-fragment correlation functions are well reproduced by the statistical breakup of a large, diluted and thermalized system slightly above the multifragmentation threshold.Comment: Latex file, 8 pages + 4 postscript figures available upon request from [email protected]