Judicial Conflict and Consensus: Behavioral Studies of American Appellate Courts

These original essays by major scholars of judicial behavior explore the frequency, intensity, and especially the causes of conflict and consensus among judges on American appellate courts. Together, these studies provide new insights into judges’ attitudes and values, role perceptions, and small group interactions. Sheldon Goldman is professor of political science at the University of Massachusetts. Charles M. Lamb is associate professor of political science at the State University of New York at Buffalo.https://uknowledge.uky.edu/upk_law/1003/thumbnail.jp

Federal Judicial Selection

“The First Two Centuries”: The first panel explored the provisions that the drafters made in the United States Constitution for federal judicial selection and traced the two-century history of the selection process following the constitution\u27s adoption. The panel consisted of Charles Cooper, Esq. of Cooper & Kirk PLLC; Gary L. McDowell, Haynes Professor of Leadership Studies and Political Science at the University of Richmond’s Jepson School of Leadership Studies; and Ms. Maeva Marcus, of the United States Supreme Court Historical Society. Rodney A. Smolla, the George E. Allen Chair in Law, served as program coordinator and moderator. “Modern Federal Judicial Selection”: The second panel explored modern federal judicial selection, tracing the selection process over the last two decades and analyzing how it has grown increasingly contentious. The panel consisted of Theresa M. Beiner, of the William H. Bowen School of Law at the University of Arkansas at Little Rock; Sheldon Goldman, Department of Political Science University of Massachusetts; Judge Edith Jones, U.S. Court of Appeals for the Fifth Circuit; and William P. Marshall, the Kenan Professor of Law University of North Carolina School of Law. Carl W. Tobias, Williams Professor of Law at the University of Richmond School of Law, served as moderator. “The Prospects of Reform”: The third panel explored numerous suggestions for remedying or ameliorating the difficulties that pervade modern federal judicial selection and the prospects for these measures\u27 success. The panel consisted of Terry Eastland, Publisher of The Weekly Standard; Michael Gerhardt, Hanson Professor of Law at the Marshall-Wythe School of Law, College of William and Mary; and Sanford V. Levinson, The W. St. John Garwood Centennial Chair in Law and Professor of Government at the University of Texas School of Law. Gary L. McDowell, the Haynes Professor of Leadership Studies and Political Science at the University of Richmond’s Jepson School of Leadership Studies, served as moderator

Naming Names: The Impact of Supreme Court Opinion Attribution on Citizen Assessment of Policy Outcomes

The manner in which political institutions convey their policy outcomes can have important implications for how the public views institutions\u27 policy decisions. This paper explores whether the way in which the U.S. Supreme Court communicates its policy decrees affects how favorably members of the public assess its decisions. Specifically, we investigate whether attributing a decision to the nation\u27s High Court or to an individual justice influences the public\u27s agreement with the Court\u27s rulings. Using an experimental design, we find that when a Supreme Court outcome is ascribed to the institution as a whole, rather than to a particular justice, people are more apt to agree with the policy decision. We also find that identifying the gender of the opinion author affects public agreement under certain conditions. Our findings have important implications for how public support for institutional policymaking operates, as well as the dynamics of how the Supreme Court manages to accumulate and maintain public goodwill

The faint young Sun problem

For more than four decades, scientists have been trying to find an answer to one of the most fundamental questions in paleoclimatology, the `faint young Sun problem'. For the early Earth, models of stellar evolution predict a solar energy input to the climate system which is about 25% lower than today. This would result in a completely frozen world over the first two billion years in the history of our planet, if all other parameters controlling Earth's climate had been the same. Yet there is ample evidence for the presence of liquid surface water and even life in the Archean (3.8 to 2.5 billion years before present), so some effect (or effects) must have been compensating for the faint young Sun. A wide range of possible solutions have been suggested and explored during the last four decades, with most studies focusing on higher concentrations of atmospheric greenhouse gases like carbon dioxide, methane or ammonia. All of these solutions present considerable difficulties, however, so the faint young Sun problem cannot be regarded as solved. Here I review research on the subject, including the latest suggestions for solutions of the faint young Sun problem and recent geochemical constraints on the composition of Earth's early atmosphere. Furthermore, I will outline the most promising directions for future research. In particular I would argue that both improved geochemical constraints on the state of the Archean climate system and numerical experiments with state-of-the-art climate models are required to finally assess what kept the oceans on the Archean Earth from freezing over completely.Comment: 32 pages, 8 figures. Invited review paper accepted for publication in Reviews of Geophysic

The relationship between cannabis outcome expectancies and cannabis refusal self-efficacy in a treatment population

Background and aims: Self-efficacy beliefs and outcome expectancies are central to Social Cognitive Theory (SCT). Alcohol studies demonstrate the theoretical and clinical utility of applying both SCT constructs. This study examined the relationship between refusal self-efficacy and outcome expectancies in a sample of cannabis users, and tested formal mediational models. Design: Patients referred for cannabis treatment completed a comprehensive clinical assessment, including recently validated cannabis expectancy and refusal self-efficacy scales. Setting: A hospital alcohol and drug out-patient clinic. Participants: Patients referred for a cannabis treatment [n=1115, mean age 26.29, standard deviation (SD) 9.39]. Measurements: The Cannabis Expectancy Questionnaire (CEQ) and Cannabis Refusal Self-Efficacy Questionnaire (CRSEQ) were completed, along with measures of cannabis severity [Severity of Dependence Scale (SDS)] and cannabis consumption. Findings: Positive (β=-0.29,

Distributions of phytoplankton carbohydrate, protein and lipid in the world oceans from satellite ocean colour

Energy value of phytoplankton regulates the growth of higher trophic species, affecting the tropic balance and sustainability of marine food webs. Therefore, developing our capability to estimate and monitor, on a global scale, the concentrations of macromolecules that determine phytoplankton energy value, would be invaluable. Reported here are the first estimates of carbohydrate, protein, lipid, and overall energy value of phytoplankton in the world oceans, using ocean-colour data from satellites. The estimates are based on a novel bio-optical method that utilises satellite-derived bio-optical fingerprints of living phytoplankton combined with allometric relationships between phytoplankton cells and cellular macromolecular contents. The annually-averaged phytoplankton energy value, per cubic meter of sub-surface ocean, varied from less than 0.1 kJ in subtropical gyres, to 0.5–1.0 kJ in parts of the equatorial, northern and southern latitudes, and rising to more than 10 kJ in certain coastal and optically complex waters. The annually-averaged global stocks of carbohydrate, protein and lipid were 0.044, 0.17 and 0.108 gigatonnes, respectively, with monthly stocks highest in September and lowest in June, over 1997-2013. The fractional contributions of phytoplankton size classes e.g., picoplankton, nanoplankton and microplankton to surface concentrations and global stocks of macromolecules varied considerably across marine biomes classified as Longhurst provinces. Among these provinces, the highest annually-averaged surface concentrations of carbohydrate, protein, and lipid were in North-East Atlantic Coastal Shelves, whereas, the lowest concentration of carbohydrate or lipid were in North Atlantic Tropical Gyral, and that of protein was in North Pacific Subtropical Gyre West. The regional accuracy of the estimates and their sensitivity to satellite inputs are quantified from the bio-optical model, which show promise for possible operational monitoring of phytoplankton energy value from satellite ocean colour. Adequate in situ measurements of macromolecules and improved retrievals of inherent optical properties from high-resolution satellite images, would be required to validate these estimates at local sites, and to further improve their accuracy in the world oceans

Do marine phytoplankton follow Bergmann's rule sensu lato?

Global warming has revitalized interest in the relationship between body size and temperature, proposed by Bergmann's rule 150 years ago, one of the oldest manifestations of a ‘biogeography of traits’. We review biogeographic evidence, results from clonal cultures and recent micro- and mesocosm experiments with naturally mixed phytoplankton communities regarding the response of phytoplankton body size to temperature, either as a single factor or in combination with other factors such as grazing, nutrient limitation, and ocean acidification. Where possible, we also focus on the comparison between intraspecific size shifts and size shifts resulting from changes in species composition. Taken together, biogeographic evidence, community-level experiments and single-species experiments indicate that phytoplankton average cell sizes tend to become smaller in warmer waters, although temperature is not necessarily the proximate environmental factor driving size shifts. Indirect effects via nutrient supply and grazing are important and often dominate. In a substantial proportion of field studies, resource availability is seen as the only factor of relevance. Interspecific size effects are greater than intraspecific effects. Direct temperature effects tend to be exacerbated by indirect ones, if warming leads to intensified nutrient limitation or copepod grazing while ocean acidification tends to counteract the temperature effect on cell size in non-calcifying phytoplankton. We discuss the implications of the temperature-related size trends in a global-warming context, based on known functional traits associated with phytoplankton size. These are a higher affinity for nutrients of smaller cells, highest maximal growth rates of moderately small phytoplankton (ca. 102 µm3), size-related sensitivities for different types of grazers, and impacts on sinking rates. For a phytoplankton community increasingly dominated by smaller algae we predict that: (i) a higher proportion of primary production will be respired within the microbial food web; (ii) a smaller share of primary production will be channeled to the classic phytoplankton – crustacean zooplankton – fish food chain, thus leading to decreased ecological efficiency from a fish-production point of view; (iii) a smaller share of primary production will be exported through sedimentation, thus leading to decreased efficiency of the biological carbon pump

Earth: Atmospheric Evolution of a Habitable Planet

Our present-day atmosphere is often used as an analog for potentially habitable exoplanets, but Earth's atmosphere has changed dramatically throughout its 4.5 billion year history. For example, molecular oxygen is abundant in the atmosphere today but was absent on the early Earth. Meanwhile, the physical and chemical evolution of Earth's atmosphere has also resulted in major swings in surface temperature, at times resulting in extreme glaciation or warm greenhouse climates. Despite this dynamic and occasionally dramatic history, the Earth has been persistently habitable--and, in fact, inhabited--for roughly 4 billion years. Understanding Earth's momentous changes and its enduring habitability is essential as a guide to the diversity of habitable planetary environments that may exist beyond our solar system and for ultimately recognizing spectroscopic fingerprints of life elsewhere in the Universe. Here, we review long-term trends in the composition of Earth's atmosphere as it relates to both planetary habitability and inhabitation. We focus on gases that may serve as habitability markers (CO2, N2) or biosignatures (CH4, O2), especially as related to the redox evolution of the atmosphere and the coupled evolution of Earth's climate system. We emphasize that in the search for Earth-like planets we must be mindful that the example provided by the modern atmosphere merely represents a single snapshot of Earth's long-term evolution. In exploring the many former states of our own planet, we emphasize Earth's atmospheric evolution during the Archean, Proterozoic, and Phanerozoic eons, but we conclude with a brief discussion of potential atmospheric trajectories into the distant future, many millions to billions of years from now. All of these 'Alternative Earth' scenarios provide insight to the potential diversity of Earth-like, habitable, and inhabited worlds.Comment: 34 pages, 4 figures, 4 tables. Review chapter to appear in Handbook of Exoplanet