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

Semi-groups, groups and Lyapunov stability of partial differential equations

Applications of group theory and Liapunov stability to partial differential equation

Information based clustering

In an age of increasingly large data sets, investigators in many different disciplines have turned to clustering as a tool for data analysis and exploration. Existing clustering methods, however, typically depend on several nontrivial assumptions about the structure of data. Here we reformulate the clustering problem from an information theoretic perspective which avoids many of these assumptions. In particular, our formulation obviates the need for defining a cluster "prototype", does not require an a priori similarity metric, is invariant to changes in the representation of the data, and naturally captures non-linear relations. We apply this approach to different domains and find that it consistently produces clusters that are more coherent than those extracted by existing algorithms. Finally, our approach provides a way of clustering based on collective notions of similarity rather than the traditional pairwise measures.Comment: To appear in Proceedings of the National Academy of Sciences USA, 11 pages, 9 figure

Higher Education Should Have A Role In The Workforce Development System

In order to understand the Workforce Development System, we propose to review the history of the current workforce development system, discuss models and initiatives that are evolving, and conclude with a discussion on how higher education can be involved in research, community partnership, and programmatic activities

Laser pulse annealing of ion-implanted GaAs

GaAs single-crystals wafers are implanted at room temperature with 400-keV Te + ions to a dose of 1×10^15 cm^–2 to form an amorphous surface layer. The recrystallization of this layer is investigated by backscattering spectrometry and transmission electron microscopy after transient annealing by Q-switched ruby laser irradiation. An energy density threshold of about 1.0 J/cm^2 exists above which the layer regrows epitaxially. Below the threshold the layer is polycrystalline; the grain size increases as the energy density approaches threshold. The results are analogous to those reported for the elemental semiconductors, Si and Ge. The threshold value observed is in good agreement with that predicted by the simple model successfully applied previously to Si and Ge

PhylOTU: a high-throughput procedure quantifies microbial community diversity and resolves novel taxa from metagenomic data.

Microbial diversity is typically characterized by clustering ribosomal RNA (SSU-rRNA) sequences into operational taxonomic units (OTUs). Targeted sequencing of environmental SSU-rRNA markers via PCR may fail to detect OTUs due to biases in priming and amplification. Analysis of shotgun sequenced environmental DNA, known as metagenomics, avoids amplification bias but generates fragmentary, non-overlapping sequence reads that cannot be clustered by existing OTU-finding methods. To circumvent these limitations, we developed PhylOTU, a computational workflow that identifies OTUs from metagenomic SSU-rRNA sequence data through the use of phylogenetic principles and probabilistic sequence profiles. Using simulated metagenomic data, we quantified the accuracy with which PhylOTU clusters reads into OTUs. Comparisons of PCR and shotgun sequenced SSU-rRNA markers derived from the global open ocean revealed that while PCR libraries identify more OTUs per sequenced residue, metagenomic libraries recover a greater taxonomic diversity of OTUs. In addition, we discover novel species, genera and families in the metagenomic libraries, including OTUs from phyla missed by analysis of PCR sequences. Taken together, these results suggest that PhylOTU enables characterization of part of the biosphere currently hidden from PCR-based surveys of diversity