6,781 research outputs found

    Ensuring an Impartial Jury in the Age of Social Media

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    The explosive growth of social networking has placed enormous pressure on one of the most fundamental of American institutions—the impartial jury. Through social networking services like Facebook and Twitter, jurors have committed significant and often high-profile acts of misconduct. Just recently, the Arkansas Supreme Court reversed a death sentence because a juror Tweeted about the case during deliberations. In light of the significant risks to a fair trial that arise when jurors communicate through social media during trial, judges must be vigilant in monitoring for potential outside influences and in deterring misconduct. In this Article, we present informal survey data from actual jurors on their use of social networking during trial. We discuss the rise of web-based social networks like Facebook and Twitter, and the concerns that arise when jurors communicate about a case through social media before returning a verdict. After surveying how courts have responded to jurors’ social media use, we describe the results of the informal survey. The results support a growing consensus in the legal profession that courts should frequently, as a matter of course, instruct jurors not to use social media to communicate about trial. Although others have stressed the importance of jury instructions in this area, we hope that the informal survey data will further the dialogue by providing an important perspective—that of actual jurors

    More From the #Jury Box: The Latest on Juries and Social Media

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    This Article presents the results of a survey of jurors in federal and state court on their use of social media during their jury service. We began surveying federal jurors in 2011 and reported preliminary results in 2012; since then, we have surveyed several hundred more jurors, including state jurors, for a more complete picture of juror attitudes toward social media. Our results support the growing consensus that jury instructions are the most effective tool to mitigate the risk of juror misconduct through social media. We conclude with a set of recommended best practices for using a social-media instruction

    More From the #Jury Box: The Latest on Juries and Social Media

    Get PDF
    This Article presents the results of a survey of jurors in federal and state court on their use of social media during their jury service. We began surveying federal jurors in 2011 and reported preliminary results in 2012; since then, we have surveyed several hundred more jurors, including state jurors, for a more complete picture of juror attitudes toward social media. Our results support the growing consensus that jury instructions are the most effective tool to mitigate the risk of juror misconduct through social media. We conclude with a set of recommended best practices for using a social-media instruction

    Capital Structure, Corporate Taxation and Firm Age

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    This paper analyzes the relationship between capital structure, corporate taxation and firm age. We adapt a standard model of optimal capital structure choice under corporate taxation, focusing on the financing and investment decisions a young firm is typically faced with. Our model allows to derive testable hypotheses about the relationship between corporate taxation, a firm's age and its debt to asset ratio. To test these hypotheses empirically, we use a cross-section of 405,000 firms from 35 European countries and 126 NACE 3-digit industries. In line with previous research, we find that a firm's debt ratio increases with the corporate tax rate. Further, we observe that older firms exhibit smaller debt ratios than their younger counterparts. Finally, consistent with our theoretical expectation, we find a positive interaction effect between corporate taxation and firm age, indicating that the impact of corporate taxation on debt is increasing over a firm's life-time.Corporate taxation; Capital structure; Firm age

    Now we are six: lessons from New Zealand’s KiwiSaver

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    New Zealand’s KiwiSaver was introduced on 1 July 2007. New Zealand’s success with the ‘soft compulsion’ of automatic enrolment has been and is continuing to be an influence in the design of opt-out schemes in the UK and Ireland. While there have been numerous changes to KiwiSaver as outlined in this paper, six years on, the retirement saving scheme appears well accepted by the public and membership has exceeded most expectations. New Zealand’s experience suggests that auto-enrolment and large incentives to entice people to remain opted-in may ensure initial take-up is high. It also suggests the incentives may be reduced significantly ex post with little impact on membership. Core tax-funded KiwiSaver subsidies have been both substantially reduced and not indexed while membership has continued to grow strongly. Whether this auto-enrolment scheme, featuring generous provisions for withdrawals and contributions holidays, is sufficient to ensure that those who should be saving for their retirement are saving, and saving enough, is open to debate. If KiwiSaver is made compulsory, as some powerful lobbies propose, there are large complexities to resolve, including the future role of the universal state pension, New Zealand Superannuation. Lessons from KiwiSaver on what to avoid in the design of a national retirement saving scheme may include: opening it to children; offering housing subsidies; allowing too many providers and privileging some of these as ‘default providers’; ignoring the issue of decumulation; and obscure objectives. Advantages over previous work-based retirement saving schemes include the portability of KiwiSaver accounts facilitated by the IRD’s role as a clearing house. New Zealand has also limited regressivity in the design of its very modest tax incentives, but at a cost: many save just the minimum required to maximise the subsidies. The Working Paper surveys the first six years of KiwiSaver’s evolution to July 2013. In that time, the fundamental questions around its purpose and design have not been resolved. Is its purpose to enhance access to suitable wealth accumulation vehicles for those who have missed out on traditional work-based schemes? Or is it to reduce the pressures on the economy of an ageing population; or to solve the national saving problem? Will KiwiSavers in fact have more to spend during their retirement, or will they simply reduce other savings to compensate? In the long term, what are the implications for New Zealand’s overall pensions framework, and in particular the very successful universal state pension? As 2014 is an election year, political parties are positioning themselves on KiwiSaver policy. In the meantime there is strong international interest in New Zealand’s retirement saving scheme, with its unique features such as auto-enrolment. The Retirement Policy and Research Centre is pleased to publish KiwiSaver: Now we are six. It updates earlier working papers, including Working Paper 2010 KiwiSaver: lessons for Ireland. TheviewsinthisWorkingPaper’scommentaryarethoseoftheauthors

    More Kids, Brighter Futures: Expanding the Union Street Clubhouse to Meet the Needs of the Community

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    To address the increased need and demand for services offered by the Boys & Girls Club of Manchester, a campaign called More Kids, Brighter Futures was started. This project expanded the existing facility at 555 Union Street by constructing a 4,800 square foot addition. This expansion included a multipurpose activity room, a play room, an office, a quiet/study area, and additional restrooms. Besides solving an immediate need in the community, this project also aligns with the Club’s mission: To reach out to all youth, especially those who need us most, inspiring them to realize their full potential as productive, responsible and caring individuals. A video recording of this presentation is available here

    Linkage kinematics sketchpad

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    During the design and creation of linkage-type mechanisms, visualization of linkage motion is extremely important. However, there does not appear to be a commercially available computer package for accomplishing visualization interactively. Most linkage design packages allow animation of linkage motion only after tedious part description (and debug) using cryptic input codes. The main thrust of this work has been the development of a prototype interactive graphics (CAD) system aimed at visualizing the motion and mobility of linkage-type mechanisms. The program is called the Linkage Kinematics Sketchpad (LKSP). It is a 2-D color graphics program which allows the user to describe a limited set of linkages (limited by a simplified kinematics analysis procedure) and interactively drive the linkage through its inherent motion cycle (or parts thereof) to visualize mobility . First, a theoretical investigation of previous work in motion analysis and display of animation is presented. This is followed by a description of the LKSP program and an evaluation of the software by this author and others more familiar with linkage design. The system design appears to be adequate, and the software is correct with linkage motions as required. As a result of this work the usefulness of this approach has been determined, and a reasonable methodology has been established. Also, problem areas have been defined, and potentially fruitful areas for future work have been identified. LKSP offers a unique approach to planar linkage design with the most desirable features being the interactive user-computer interface, the ability to create linkages with ease, and the ability to observe linkage motion and potential interference. The most commonly cited shortcoming was the limited set of linkage components which LKSP can handle. Also, there were some aspects of the motion animation which were improved as a result of the user evaluations. Suggestions for future extensions include more user control over the motion animation and more precise input of linkage dimensions

    Continuously wavelength-tunable high harmonic generation via soliton dynamics

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    We report generation of high harmonics in a gas-jet pumped by pulses self-compressed in a He-filled hollow-core photonic crystal fiber through the soliton effect. The gas-jet is placed directly at the fiber output. As the energy increases the ionization-induced soliton blue-shift is transferred to the high harmonics, leading to a emission bands that are continuously tunable from 17 to 45 eV
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