Why Limits on Contributions to Super PACs Should Survive \u3ci\u3eCitizens United\u3c/i\u3e

Soon after the Supreme Court decided Citizens United v. FEC, the D.C. Circuit held all limits on contributions to super PACs unconstitutional. Its decision in SpeechNow.org v. FEC created a regime in which contributions to candidates are limited but in which contributions to less responsible groups urging votes for these candidates are unbounded. No legislator voted for this system of campaign financing, and the judgment that the Constitution requires it is astonishing. Forty-two years ago, Buckley v. Valeo held that Congress could limit contributions to candidates because these contributions are corrupting or create an appearance of corruption. According to the D.C. Circuit, however, Congress may not prohibit multi-million-dollar contributions to satellite campaigns because these contributions do not create even an appearance of corruption. The D.C. Circuit said that a single sentence of the Citizens United opinion compelled its result. It wrote, “In light of the Court’s holding as a matter of law that independent expenditures do not corrupt or create the appearance of corruption, contributions to groups that make only independent expenditures also cannot corrupt or create the appearance of corruption.” This Article contends that, contrary to the D.C. Circuit’s reasoning, contributions to super PACs can corrupt even when expenditures by these groups do not. Moreover, the statement that the D.C. Circuit took as its premise was dictum, and the Supreme Court did not mean this statement to be taken in the way the D.C. Circuit took it. The Supreme Court’s long-standing distinction between contribution limits and expenditure limits does not rest on the untenable proposition thatcandidates cannot be corrupted by funds paid to and spent on their behalf by others. Rather, Buckley noted five differences between contributions and expenditures. A review of these differences makes clear that contributions to super PACs cannot be distinguished from the contributions to candidates whose limitation the Court upheld. The ultimate question posed by Buckley is whether super PAC contributions create a sufficient appearance of corruption to justify their limitation. This Article reviews the statements of candidates of both parties in the 2016 presidential election, the views of Washington insiders, and public opinion polls. It shows that SpeechNow has sharpened class divisions and helped to tear America apart. The Justice Department did not seek Supreme Court review of the SpeechNow decision. In a statement that belongs on a historic list of wrong predictions, Attorney General Holder explained that the decision would “affect only a small subset of federally regulated contributions.” Although eight years have passed since SpeechNow, the Supreme Court has not decided whether the Constitution guarantees the right to give unlimited funds to super PACs. A final section of this Article describes the efforts of members of Congress and candidates for Congress to bring that question before the Court. The Federal Election Commission is opposing their efforts, offering arguments that, if accepted, would be likely to keep the Court from ever deciding the issue

Hanford Tribal Stewardship

In 2002, the Nez Perce Tribe, through its Environmental Restoration & Waste Management Program (ERWM), received a Citizen’s Monitoring and Technical Assistance grant (MTA), which set to analyze the Canyon Disposition Initiative (CDI) 221-U Facility (U Plant) decision-making process. The ERWM analysis focused on the technical data being utilized by the Tri-Party agencies (Department of Energy, State of Washington-Department of Ecology, and the Environmental Protection Agency) in making its recommendations for the CDI. The Nez Perce Tribe has advocated for Long-Term Stewardship because the Hanford site is located within its ceded territory, defined by Treaty of 1855. Long Term Stewardship is a priority issue for the Nez Perce Tribe and will continue to provide guidance on this process as it evolves, incorporating fundamental tribal, social, and cultural protective measures. What is stewardship? Every land user of Hanford site has their competing concept and definition of stewardship. Currently, it is defined in the Hanford Long-Term Stewardship (LTS) Program Plan as Long-term stewardship at Hanford Site is the management of residual risks (human health, ecological, and cultural) associated with any remaining residual contamination; protection of the Site\u27s cultural, biological, and natural resources; and the reuse of the Site\u27s assets to encourage a healthy regional economy. It begins at clean up completion.https://commons.clarku.edu/nez/1001/thumbnail.jp

Phase Space Reduction and the Instanton Crossover in (1+1)-Dimensional Turbulence

We study (1+1)-dimensional turbulence in the framework of the Martin-Siggia-Rose field theory formalism. The analysis is focused on the asymptotic behaviour at the right tail of the probability distribution function (pdf) of velocity differences, where shock waves do not contribute. A BRS-preserving scheme of phase space reduction, based on the smoothness of the relevant velocity fields, leads to an effective theory for a few degrees of freedom. The sum over fluctuations around the instanton solution is written as the expectation value of a functional of the time-dependent physical fields, which evolve according to a set of Langevin equations. A natural regularization of the fluctuation determinant is provided from the fact that the instanton dominates the action for a finite time interval. The transition from the turbulent to the instanton dominated regime is related to logarithmic corrections to the saddle-point action, manifested on their turn as multiplicative power law corrections to the velocity differences pdf.Comment: The revised version contains more detailed discussions on some technical point

Additively manufactured heterogeneous substrates for three-dimensional control of local permittivity

The concept of using additive manufacturing as a method to construct heterogeneous substrates from a single building material via stereolithography is introduced. The dynamic variation of air cavities within the bulk material is used to control the effective permittivity of the host medium. The digitally driven layer process enables full three-dimensional variation of the local permittivity. The high resolution of stereolithography enables sub-millimetre control of air inclusion features. Measurements of the effective permittivity with different air fractions have been compared to analytical results

Unusual conductance collapse in one-dimensional quantum structures

We report an unusual insulating state in one-dimensional quantum wires with a non-uniform confinement potential. The wires consist of a series of closely spaced split gates in high mobility GaAs/AlGaAs heterostructures. At certain combinations of wire widths, the conductance abruptly drops over three orders of magnitude, to zero on a linear scale. Two types of collapse are observed, one occurring in multi-subband wires in zero magnetic field and one in single subband wires in an in-plane field. The conductance of the wire in the collapse region is thermally activated with an energy of the order of 1 K. At low temperatures, the conductance shows a steep rise beyond a threshold DC source-drain voltage of order 1 mV, indicative of a gap in the density of states. Magnetic depopulation measurements show a decrease in the carrier density with lowering temperature. We discuss these results in the context of many-body effects such as charge density waves and Wigner crystallization in quantum wires.Comment: 5 pages, 5 eps figures, revte

Determinants of willingness to pay for hip and knee joint replacement surgery for osteoarthritis

Objectives. To determine whether patients with osteoarthritis (OA) would be willing to pay for joint replacement and whether patient characteristics or health outcomes, including pain, physical function and health-related quality of life, were related to willingness to pay (WTP). Methods. Patients who had undergone primary total hip replacement (THR) or total knee replacement (TKR) for OA completed a disease-specific questionnaire (Western Ontario and McMaster: WOMAC index), a generic measure of health status (Medical Outcome Study Short Form-36: SF-36) and an Evaluation Questionnaire to measure WTP and satisfaction with the replacement. Results. Responses were obtained from 109 (77%) THR patients and 129 (72%) TKR patients. Mean age of respondents was 67 yr for THR (47% female) and 73 yr for TKR (60% female). Overall, 85% of patients responded to the WTP question. Of the THR patients, 71% were willing to pay something, 11% were not willing to pay anything and 18% did not answer the question. For TKR patients these figures were 70, 16 and 14% respectively. However, of those who responded to the WTP question, only 25% of the THR patients and 18% of the TKR patients indicated they would be willing to pay the actual current average cost of the operation in Australia (≥ A$15 000). A lower postoperative pain score (as measured by the WOMAC index) was a significant predictor of WTP for both THR and TKR patients. Income also significantly predicted WTP in THR patients but not in TKR patients. The other significant predictors for TKR patients were older age, having private health insurance and willingness to recommend joint replacement to others. Conclusions. Willingness to pay was a measure that was understandable and acceptable to patients, most of whom were willing to pay something. There was a high correlation between WTP, good health outcomes and patient satisfaction, pain relief being the dominant determinant

Displaced Voices: A Journal of Migration, Archives and Cultural Heritage, Volume 3 Issue 1 (Spring 2023)

Twentieth Century Histories of Civic Society’s Responses to Crises of Displacement: A Special Issue to mark the 70th Anniversary of Refugee Council Displaced Voices is a biannual digital magazine produced twice a year by the Living Refugee Archive team at the University of East London. Displaced Voices aims to provide a digital platform for activists, archivists, researchers, practitioners and academics to contribute to issues pertaining to refugee and migration history; refugee and migrant rights; social justice; cultural heritage and archives. We welcome a range of contributions to the magazine including articles of between 1000-2000 words; reports on fieldwork in archival collections; book recommendations and reviews; and more creative pieces including (but not limited too) cartoons; photography; and poetry. We would also welcome news on activities; publication of reports, projects; letters and news from your own networks. We welcome submissions from all writers whether you are a student, practitioner, activist or established academic. The Displaced Voices online magazine is born out of the collaborative and intersectional work that we have been undertaking through our work with the refugee and migration archives housed at the University of East London. Our work to date has explored the intersections of refugee and migration studies with narrative and life history research linked to oral history methods and archival approaches to the preservation, documentation and accessibility of archival resources recording the refugee experience. This magazine is a collaborative project between the Living Refugee Archive at the University of East London; the Oral History Society Migration Special Interest Group and the International Association for the Study of Forced Migration Working Group on the History of Forced Migration and Refugees. Thematically we are looking to engage with articles that explore the intersection of refugee and forced migration studies; history and cultural heritage studies; narrative research; oral history and archival science