What Happened: Confronting Confrontation in the Wake of Bullcoming, Bryant, and Crawford.

Crawford v. Washington and its progeny demonstrate the difficulty of delineating both the core and the perimeter of the Confrontation Clause. Crawford abrogated Ohio v. Roberts, forcing trial lawyers to re-evaluate the use of various types of hearsay formerly admitted upon a finding of adequate “indicia of reliability.” Later the Court issued two decisions further altering the contours of Confrontation Clause jurisprudence. Michigan v. Bryant and Bullcoming v. New Mexico. With these options, the old Roberts “indicia of reliability” test transformed into the new “primary purpose” test to identify certain testimonial statements. By significantly altering the contours of Confrontation Clause jurisprudence, the Court’s option has left many wondering “what happened” to the Court’s previous directives on the manner. While it is the prosecution’s burden to establish by a preponderance of the evidence that the circumstances of a statement reveal its nontestimonial nature, defense counsel need not idly rest. Enlightened and prepared defense counsel might consider ways to use “the list” aggressively delineated in Bryant. The United States Supreme Court’s opinion in Davis directed criminal trial lawyers and judges to allow substance to control over form. However, confrontation is the bottom line; if a statement is testimonial, the Court has stressed that the Constitution demands confrontation. Confrontation, in turn, forces the witness’s testimony to be subjected to scrutiny by adversarial examination—the “greatest legal engine ever invented for the discovery of truth.

What Happened: Confronting Confrontation in the Wake of Bullcoming, Bryant, and Crawford.

Crawford v. Washington and its progeny demonstrate the difficulty of delineating both the core and the perimeter of the Confrontation Clause. Crawford abrogated Ohio v. Roberts, forcing trial lawyers to re-evaluate the use of various types of hearsay formerly admitted upon a finding of adequate “indicia of reliability.” Later the Court issued two decisions further altering the contours of Confrontation Clause jurisprudence. Michigan v. Bryant and Bullcoming v. New Mexico. With these options, the old Roberts “indicia of reliability” test transformed into the new “primary purpose” test to identify certain testimonial statements. By significantly altering the contours of Confrontation Clause jurisprudence, the Court’s option has left many wondering “what happened” to the Court’s previous directives on the manner. While it is the prosecution’s burden to establish by a preponderance of the evidence that the circumstances of a statement reveal its nontestimonial nature, defense counsel need not idly rest. Enlightened and prepared defense counsel might consider ways to use “the list” aggressively delineated in Bryant. The United States Supreme Court’s opinion in Davis directed criminal trial lawyers and judges to allow substance to control over form. However, confrontation is the bottom line; if a statement is testimonial, the Court has stressed that the Constitution demands confrontation. Confrontation, in turn, forces the witness’s testimony to be subjected to scrutiny by adversarial examination—the “greatest legal engine ever invented for the discovery of truth.

Microbial community structure from southern High Plains beef cattle feedyard manure and relationship with nitrous oxide emissions

Modern molecular techniques enable characterization of the microbial biome in livestock manure, from which there is particular concern over emission of greenhouse gases. This study evaluated how sampling depth, time, temperature, and artificial rainfall affected microbial community structure in feedyard manure, and relationships between the manure biome and known parameters related to nitrous oxide (N2O) emissions. In three large incubation chambers, maintained at different temperatures that received two applications of artificial rainfall, we evaluated manure microbiome composition and abundance of N2O-producing enzymes (nirK and nirS) using quantitative polymerase chain reaction (qPCR). These data were used with previously published data from the same study on N2O emissions and assessment of manure physicochemical properties, denitrification enzyme activity (DEA), and nitrification activity (NA). Microbiome composition was Firmicutes (50%), followed by 32% Actinobacteria, 11% Proteobacteria, 5% Bacteroidetes, 1% Chloroflexi, and small populations (\u3c0.5%) of Planctomycetes, Deinococcus-Thermus, Gemmatimonadetes, Verrucomicrobia, Tenericutes, and other organisms. Average bacterial populations varied largely as a function of sampling depth and time. Firmicutes increases tended to coincide with high N2O emissions. Overall, the largest change observed was increased Proteobacteria at 5–10 cm, where relative abundance increased from 10% (17.2 °C) to 24% (46.2 °C) over time and with increased temperature. Firmicutes and Actinobacteria predominated the microbial community of manure, but favorable conditions may lead to increases in Bacteroidetes, Proteobacteria, and Chloroflexi, which could influence N cycling and N2O emissions from feedyards. Copy numbers of nirS at the beginning of the experiment were higher than nirK. Differences in concentrations of nirK and nirS indicated that denitrifying enzymes in feedyard manure, particularly nirS, were sensitive to environmental changes

The Cenozoic Subduction History of Greater Indian Lithosphere Beneath Tibet

Abstract HKT-ISTP 2013 Opening Sessio

ELL’s science meaning making in multimodal inquiry: a case-study in a Hong Kong bilingual school

This paper reports on a multimodal teaching approach delivered to grade 5 elementary students in a bilingual school in Hong Kong, as part of a larger research study aimed at supporting English Language Learners (ELLs) in science class. As language demands of reading, writing and talking science place additional challenges on ELLs, there is much research interest in exploring the use of multiple modes of communication beyond the dominant use of verbal and written language. Research has shown that students develop a better scientific understanding of natural phenomena by using and alternating between a variety of representations. Yet, questions remain as to what meanings ELLs make during a multimodal discourse and, in turn, how such discourse provides support to ELLs in learning science. Drawing on social semiotics, which theorizes language as a meaning making resource comprising a range of modes (e.g. gestures and diagrams), we used a case-study approach to examine how a multimodal instructional approach provided 10 students with multiple avenues to make sense of science learning. Video recordings (capturing gestures, speech and model manipulation) and student works (drawing and writing) were collected during nine inquiry science lessons, which encompassed biology, physics and chemistry science units. Multimodal transcription allowed discourse to be analysed at a fine-grain level which, together with analysis of student works, indicated that the multimodal instructional approach provided the necessary inquiry opportunities and variety of language experiences for ELLs to build science understandings. Analysis also revealed how the affordances of modes attributed to the meaning making potentials for the ELLs and how they provided alternate communication avenues in which new meanings could be made. The findings from this study have implications for ELLs learning science within the growing multilingual Asia-Pacific region

Californian Science Students' Perceptions of their Classoom Learning Environments.

This study utilised the What Is Happening In this Class (WIHIC) questionnaire to examine factors that influence Californian student perceptions of their learning environment. Data were collected from 665 USA middle school science students in 11 Californian schools. Several background variables were included in the study to investigate their effects on students’ perceptions, such as student and teacher gender, student ethnic background and socio-economic status (SES), and student age. Class and school variables, such as class ethnic composition, class size and school socioeconomic status were also collected. A hierarchical analysis of variance was conducted to investigate separate and joint effects of these variables. Results from this study indicate that some scales of the WIHIC are more inclined to measure personal or idiosyncratic features of student perceptions of their learning environment whereas other scales contain more variance at the class level. Also, it was found that different variables affect different scale scores. A variable that consistently affected students' perceptions, regardless of the element of interest in the learning environment was student gender. Generally speaking girls perceived their learning environment more positively than did boys

Effective peer-to-peer support for young people with end-stage renal disease: a mixed methods evaluation of Camp COOL

__Abstract__ __Background__ The Camp COOL programme aims to help young Dutch people with end-stage renal disease (ESRD) develop self-management skills. Fellow patients already treated in adult care (hereafter referred to as ‘buddies’) organise the day-to-day program, run the camp, counsel the attendees, and also participate in the activities. The attendees are young people who still have to transfer to adult care. This study aimed to explore the effects of this specific form of peer-to-peer support on the self-management of young people (16–25 years) with ESRD who participated in Camp COOL (CC) (hereafter referred to as ‘participants’). __Methods__ A mixed methods research design was employed. Semi-structured interviews (n = 19) with initiators/staff, participants, and healthcare professionals were conducted. These were combined with retrospective and pre-post surveys among participants (n = 62), and observations during two camp weeks. __Results__ Self-reported effects of participants were: increased self-confidence, more disease-related knowledge, feeling capable of being more responsible and open towards others, and daring to stand up for yourself. According to participants, being a buddy or having one positively affected them. Self-efficacy of attendees and independence of buddies increased, while attendees’ sense of social inclusion decreased (measured as domains of health-related quality of life). The buddy role was a pro-active combination of being supervisor, advisor, and leader. __Conclusions__ Camp COOL allowed young people to support each other in adjusting to everyday life with ESRD. Participating in the camp positively influenced self-management in this group. Peerto- peer support through buddies was much appreciated. Support from young adults was not only beneficial for adolescent attendees, but also for young adult buddies. Paediatric nephrologists are encouraged to refer patients to CC and to facilitate such initiatives. Together with nephrologists in adult care, they could take on a role in selecting buddies

Identifying challenges and opportunities for improved nutrient management through U.S.D.A's Dairy Agroecosystem Working Group

Nutrient management is a priority of U.S. dairy farms, although specific concerns vary across regions and management systems. To elucidate challenges and opportunities to improving nutrient use efficiencies, the USDA’s Dairy Agroecosystems Working Group investigated 10 case studies of confinement (including open lots and free stall housing) and grazing operations in the seven major U.S. dairy producing states. Simulation modeling was carried out using the Integrated Farm Systems Model over 25 years of historic weather data. Dairies with a preference for importing feed and exporting manure, common for simulated dry lot dairies of the arid west, had lower nutrient use efficiencies at the farm gate than freestall and tie-stall dairies in humid climates. Phosphorus (P) use efficiencies ranged from 33 to 82% of imported P, while N use efficiencies were 25 to 50% of imported N. When viewed from a P budgeting perspective, environmental losses of P were generally negligible, especially from dry lot dairies. Opportunities for greater P use efficiency reside primarily in increasing on-farm feed production and reducing excess P in diets. In contrast with P, environmental losses of nitrogen (N) were 50 to 75% of annual farm N inputs. For dry lot dairies, the greatest potential for N conservation is associated with ammonia (NH3) control from housing, whereas for freestall and tie-stall operations, N conservation opportunities vary with soil and manure management system. Given that fertilizer expenses are equivalent to 2 to 6% of annual farm profits, cost incentives do exist to improve nutrient use efficiencies. However, augmenting on-farm feed production represents an even greater opportunity, especially on large operations with high animal unit densities