Living Originalism

Originalists routinely argue that originalism is the only coherent and legitimate theory of constitutional interpretation. This Article endeavors to undermine those claims by demonstrating that, despite the suggestion of originalist rhetoric, originalism is not a single, coherent, unified theory of constitutional interpretation, but is rather a disparate collection of distinct constitutional theories that share little more than a misleading reliance on a common label. Originalists generally agree only on certain very broad precepts that serve as the fundamental underlying principles of constitutional interpretation: specifically, that the writtenness of the Constitution necessitates a fixed constitutional meaning, and that courts that see themselves as empowered to give the Constitution some avowedly different meaning are behaving contrary to law. Originalists have been able to achieve agreement on these broad underlying principles, but they have often viewed as unduly narrow and mistaken the understanding held by the original originalists-the framers of originalism, if you will-as to how those principles must be put into action. And originalists disagree so profoundly amongst themselves about how to effectuate those underlying principles that over time they have articulated-and continue to articulate-a wide array of strikingly disparate, and mutually exclusive, constitutional theories. In this regard, originalists have followed a living, evolving approach to constitutional interpretation. Our account of originalism\u27s evolution-and of the extensive disagreement among originalists today-undermines originalists\u27 normative claims about the superiority of their approach. Originalists\u27 claims about the unique and exclusive legitimacy of their theory-that originalism self-evidently represents the correct method of constitutional interpretation-founder when one considers that originalists themselves cannot even begin to agree on what their correct approach actually entails. And their claims that originalism has a unique ability to produce determinate and fixed constitutional meaning, and thus that only originalism properly treats the Constitution as law and properly constrains judges from reading their own values into the Constitution, stumble when one considers the rapid evolution and dizzying array of versions of originalism; because each version has the potential to produce a different constitutional meaning, the constitutional meaning that a committed originalist judge would find turns out to be anything but fixed. As originalism evolves, the constitutional meanings that it produces evolve along with it. Today\u27s originalists not only reach results markedly different from those originalists reached thirty years ago, but also produce widely divergent results amongst themselves. Judges committed to the originalist enterprise thus have significant discretion to choose (consciously or subconsciously) the version of originalism that is most likely to dictate results consistent with their own preferences. As such, originalism suffers from the very flaws that its proponents have identified in its alternatives

To lend helping hands: in-group favoritism, uncertainty avoidance and the national frequency of pro-social behaviors

Nation-level differences in individuals’ reports of helping strangers, donating money to charity, and volunteering time were analyzed, drawing on nationally representative survey data from 135 nations. Frequency of these three behaviors yielded a reliable index of pro-social behavior. All three behaviors were found to be more frequent in nations that score low on an index of in-group favoritism and score low on uncertainty avoidance. Helping a stranger was also more frequent in nations with greater income inequality. The use of a wide sample of nations provides a more valid understanding of what kinds of cultures favor pro-social actions and indicates that national wealth is a less important contributor to the differences that are found than is the case in other aspects of cultural difference

The Effect of Market Weight and Ration Concentrate Level on Carcass Traits of Bulls, Heifers and Steers

Increasing worldwide demand for animal protein, growing pressure on the available cereal grains by a multiplying world population and greater availability of United States agricultural products worldwide make it imperative that beef volume and production efficiency increase. Consumer demand for a lean, high quality, trim product dictates production of rapid growing, efficient beef animals with minimum fat deposition at market weights. In the face of increasing demand, governmental constraints in the form of economic controls, ecological considerations and restrictions in the use of antibiotics and growth promoting agents force the beef industry to examine and improve production efficiency. Currently, packers place a premium on high yielding cattle in the choice quality grade. Most packer costs are on a per head basis and thus they are concerned with maximizing total carcass weight processed through their plants. Feeding costs, however, soar as cattle are fed to heavier weights. Most feedlot cattle are fed high concentrate diets during this fattening period as a greater percentage of energy intake is producing fat. Cattle on a low concentrate ration are less efficient as less energy is left for production after maintenance requirement is met, and a longer feeding period is required. Increasing competition for feed grains by an expanding human population and a growing demand for a trim, lean product makes it important to find management systems which will optimize beef production. Economic changes in the inputs required for beef production may force management changes. Optimization of ration energy content and final slaughter weight offer possibilities for increasing beef production efficiency. The purposes of this study were to evaluate (1) the effect of a light or heavy market weight on carcass composition, (2) the effect of ration concentrate level on quantitative and qualitative carcass traits and (3) the influence of ration concentrate level on carcass composition in different sex groups of Hereford cattle

Real-world Quantum Sensors: Evaluating Resources for Precision Measurement

Quantum physics holds the promise of enabling certain tasks with better performance than possible when only classical resources are employed. The quantum phenomena present in many experiments signify nonclassical behavior, but do not always imply superior performance. Quantifying the enhancement achieved from quantum behavior requires careful analysis of the resources involved. We analyze the specific case of parameter estimation using an optical interferometer, where increased precision can be achieved using quantum probe states. Common performance measures are examined and it is shown that some overestimate the improvement. For the simplest experimental case we compare the different measures and show this overestimate explicitly. We give the preferred analysis of real-world experiments and calculate benchmark values for experimental parameters necessary to realize a precision enhancement.Comment: 8 pages, 3 figure

Spin noise of itinerant fermions

We develop a theory of spin noise spectroscopy of itinerant, noninteracting, spin-carrying fermions in different regimes of temperature and disorder. We use kinetic equations for the density matrix in spin variables. We find a general result with a clear physical interpretation, and discuss its dependence on temperature, the size of the system, and applied magnetic field. We consider two classes of experimental probes: 1. electron-spin-resonance (ESR)-type measurements, in which the probe response to a uniform magnetization increases linearly with the volume sampled, and 2. optical Kerr/Faraday rotation-type measurements, in which the probe response to a uniform magnetization increases linearly with the length of the light propagation in the sample, but is independent of the cross section of the light beam. Our theory provides a framework for interpreting recent experiments on atomic gases and conduction electrons in semiconductors and provides a baseline for identifying the effects of interactions on spin noise spectroscopy

Space optics contributions by the College of Optical Sciences over the past 50 years

We present a review of the contributions by students, staff, faculty and alumni to the Nation’s space program over the past 50 years. The balloon polariscope led the way to future space optics missions. The missions Pioneer Venus (large probe solar flux radiometer), Pioneer 10/11 (imaging photopolarimeter) to Jupiter and Saturn, Hubble Space Telescope (HST), and next generation large aperture space telescopes are discussed

A proposal for a standard terminology of anatomical notation and orientation in fossil vertebrate dentitions

There is little consistency in the notation and orientation terminology used in discussions of non-mammalian fossil vertebrate dentitions. The standardization of this terminology, as done in the medical and dental sciences, would facilitate all future research on fossil teeth. For mammals, we recommend following convention, where incisors, canines, premolars, and molars are abbreviated as In, Cn, Pn, and Mn (n = tooth number) in upper jaws and as in, cn, pn, and mn in lower jaws. Right, left, and deciduous teeth are indicated by R, L, and D (e.g., DP4, Rp2). For non-mammals, which can have dentigerous premaxillae, maxillae, and dentaries, as well as additional tooth-bearing bones (e.g., vomers, palatines, pterygoids, ectopterygoids, sphenoids, splenials, and even parasphenoids), we encourage identifying teeth using the bone abbreviation (e.g., pmn, mxn, dn, vn, paln). A number and slash (/) combination can be used to distinguish between multiple tooth rows (e.g., Pal1/n, Pal2/n), and specimen-specific maps can be created for very complicated dentitions. We suggest the use of the terms mesial and distal to designate tooth surfaces and directions facing toward and away from the mandibular symphysis. Labial is offered for those surfaces and directions facing the lips or cheeks and lingual for those facing the tongue. We offer the terms basal for the direction toward crown bases, apical for the direction toward crown tips, occlusal for views of the occlusal surfaces, and basal and root apical for views of crown bases and roots, respectively