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

Inequalities in premature mortality in Britain: observational study from 1921 to 2007

Objective To report on the extent of inequality in premature mortality as measured between geographical areas in Britain. Design Observational study of routinely collected mortality data and public records. Population subdivided by age, sex, and geographical area (parliamentary constituencies from 1991 to 2007, pre-1974 local authorities over a longer time span). Setting Great Britain. Participants Entire population aged under 75 from 1990 to 2007, and entire population aged under 65 in the periods 1921-39, 1950-3, 1959-63, 1969-73, and 1981-2007. Main outcome measure Relative index of inequality (RII) and ratios of inequality in age-sex standardised mortality ratios under ages 75 and 65. The relative index of inequality is the relative rate of mortality for the hypothetically worst-off compared with the hypothetically best-off person in the population, assuming a linear association between socioeconomic position and risk of mortality. The ratio of inequality is the ratio of the standardised mortality ratio of the most deprived 10% to the least deprived 10%. Results When measured by the relative index of inequality, geographical inequalities in age-sex standardised rates of mortality below age 75 have increased every two years from 1990-1 to 2006-7 without exception. Over this period the relative index of inequality increased from 1.61 (95% confidence interval 1.52 to 1.69) in 1990-1 to 2.14 (2.02 to 2.27) in 2006-7. Simple ratios indicated a brief period around 2001 when a small reduction in inequality was recorded, but this was quickly reversed and inequalities up to the age of 75 have now reached the highest levels reported since at least 1990. Similarly, inequalities in mortality ratios under the age of 65 improved slightly in the early years of this century but the latest figures surpass the most extreme previously reported. Comparison of crudely age-sex standardised rates for those below age 65 from historical records showed that geographical inequalities in mortality are higher in the most recent decade than in any similar time period for which records are available since at least 1921. Conclusions Inequalities in premature mortality between areas of Britain continued to rise steadily during the first decade of the 21st century. The last time in the long economic record that inequalities were almost as high was in the lead up to the economic crash of 1929 and the economic depression of the 1930s. The economic crash of 2008 might precede even greater inequalities in mortality between areas in Britain

Water Quality in the Gillham Lake-Cossatot River System During Dry and Wet Periods

Water samples were collected in the Cossatot River-Gillham Lake system during an extended dry period and after heavy rains to determine the spatial variations in certain water quality characteristics. Of particular interest was the influence of the reservoir discharge on the water quality of the tailwater compared with the effects of four tributaries entering the tailwater below the reservoir. The water quality of the Cossatot River below Gillham Lake at low-flow (dry periods) and during the first 3 days after heavy rainfall (wet period) was influenced more by the tributaries entering the tailwater than by the reservoir water release. We estimated, however, that the amount of particulate inorganic matter released to the tailwater from the reservoir after the initial 3-day wet period would be greater than the amounts entering the tailwater from the tributaries

Electricity theft: A comparative analysis

Electricity theft can be in the form of fraud (meter tampering), stealing (illegal connections), billing irregularities, and unpaid bills. Estimates of the extent of electricity theft in a sample of 102 countries for 1980 and 2000 are undertaken. The evidence shows that theft is increasing in most regions of the world. The financial impacts of theft are reduced income from the sale of electricity and the necessity to charge more to consumers. Electricity theft is closely related to governance indicators, with higher levels of theft in countries without effective accountability, political instability, low government effectiveness and high levels of corruption. Electricity theft can be reduced by applying technical solutions such as tamper-proof meters, managerial methods such as inspection and monitoring, and in some cases restructuring power systems ownership and regulation. © 2003 Elsevier Ltd. All rights reserved

A case study of writing skills growth of three eighth-grade students in a writing workshop classroom

Writing samples were collected over an eight month period from three 8th grade students. Using these samples along with student-teacher conference notes and the results of a literacy interview, the writing growth of each student was analyzed. Each student shows development of strong writing skills and an ability to discuss this growth in an articulate manner using written samples to back up their claims. The areas of growth identified by the teacher/researcher did not necessarily match those identified by the students. This mismatch is partially a result of the ways in which each student hid or abdicated her role as the ultimate decision maker concerning her growth and writing. As a result, implications arise in regards to student skill acquisition, student identity formation as a writer, and the role of the teacher in the secondary workshop classroom

Democratic writing pedagogy and the Southern Nevada Writing Project

The purpose of this study was to examine how practicing teachers acted to incorporate a more democratic writing pedagogy in their classrooms after participation in the Southern Nevada Writing Project\u27s Summer Institute. Democracy in this study refers to a critical view of democracy. This research is a multiple case study of five teachers\u27 practice during the first half of the school year following their participation in the Institute. The participants teach in schools of varying grade levels, SES, and achievement. Data sources included classroom observations with follow-up interviews, a final group interview, and artifacts from the Institute. These data were examined to identify common events and practices in each participant\u27s teaching. Through a systematic analysis that involved multiple readings and codings of the data and incorporated a number of potential frameworks, four themes, each related to democratic pedagogy, were constructed: Writing Instruction, Democratic Classrooms, Influence of the Institute, and Obstacles and Supports to Change. All of the participants reported moving their practice towards a more process approach (Writing Instruction). The teachers\u27 change was evidenced in the goals identified by the participants for their students and in their decision-making concerning teaching. In terms of their classrooms, the participants were found to exhibit each of the five democratic supports identified by McIntyre, Kyle, and Moore (2006) in their work on democratic pedagogy (Democratic Classrooms). Each participant was observed using both practices and principles espoused in the Institute to guide their classroom planning and practice beyond those evident in the other categories (Impact of the Institute). It was found that all of the teachers faced a unique set of challenges and support as they worked to change their practice (Obstacles and Supports to Change). The experiences of these teachers demonstrate the value and power of democratic pedagogy and the difficulty of the struggle to adopt a more democratic practice in the current educational climate. Importantly, this study highlights the role of teachers as intellectuals, provides examples of some limitations in prevailing, liberal ideals of democracy, and supports the need to make democratic practice a prominent goal in teacher education programs

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

A model of large-scale proteome evolution

The next step in the understanding of the genome organization, after the determination of complete sequences, involves proteomics. The proteome includes the whole set of protein-protein interactions, and two recent independent studies have shown that its topology displays a number of surprising features shared by other complex networks, both natural and artificial. In order to understand the origins of this topology and its evolutionary implications, we present a simple model of proteome evolution that is able to reproduce many of the observed statistical regularities reported from the analysis of the yeast proteome. Our results suggest that the observed patterns can be explained by a process of gene duplication and diversification that would evolve proteome networks under a selection pressure, favoring robustness against failure of its individual components

Interfaces in driven Ising models: shear enhances confinement

We use a phase-separated driven two-dimensional Ising lattice gas to study fluid interfaces exposed to shear flow parallel to the interface. The interface is stabilized by two parallel walls with opposing surface fields and a driving field parallel to the walls is applied which (i) either acts locally at the walls or (ii) varies linearly with distance across the strip. Using computer simulations with Kawasaki dynamics, we find that the system reaches a steady state in which the magnetisation profile is the same as that in equilibrium, but with a rescaled length implying a reduction of the interfacial width. An analogous effect was recently observed in sheared phase-separated colloidal dispersions. Pair correlation functions along the interface decay more rapidly with distance under drive than in equilibrium and for cases of weak drive can be rescaled to the equilibrium result.Comment: 4 pages, 3 figures Text modified, added Fig. 3b. To appear in Phys. Rev. Letter