Community-driven approaches to open source archaeological imaging

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Online Terrorist Speech, Direct Government Regulation, and the Communications Decency Act

The Communications Decency Act (CDA) provides Internet platforms complete liability protection from user-generated content. This Article discusses the costs of this current legal framework and several potential solutions. It proposes three modifications to the CDA that would use a carrot and stick to incentivize companies to take a more active role in addressing some of the most blatant downsides of user-generated content on the Internet. Despite the modest nature of these proposed changes, they would have a significant impact

Streams in the Wilderness

Miranda Beale analyzes two award-winning novels by Marilynne Robinson, Gilead (2004) and Home (2008), identifying their major themes as the necessity of balancing parental responsibility and God\u27s loving guidance and redemptive power in raising children

Systems Engineering of a Nuclear-Electric Spacecraft

Studies have shown that nuclear-electric propulsion systems will provide superior payload capability and unique advantages over chemical systems for high-energy deep-space missions. Conceptual design studies of unmanned spacecraft employing nuclear-electric propulsion systems have been undertaken to determine some of the major integration problems. Early recognition of these problems will help to stimulate the development effort that will be required to bring these systems into fruitful utilization. Typical designs under consideration for interplanetary missions for the next decade employ a nuclear reactor providing thermal energy to a turbogeneration system which, in turn, supplies electrical power to an ion engine for primary propulsion and additional utility power for guidance and control, powered-flight radio transmission, instrumentation, et cetera. The major systems and components which form a complete spacecraft are listed in this Report, and a review of the significant physical and operational characteristics of these various systems and components which affect spacecraft integration is made. Conceptual.configurations and detailed weight studies for a 60-kilowatts-electric Venus-capture spacecraft and a 1-megawattelectric Jupiter-capture spacecraft are shown to illustrate typical physical arrangements based on the various hardware constraints. From these configurations, the major development goals are ascertained and summarized

The computation of wave lengths of molecular hydrogen between 5415 and 5810.

Thesis (M.A.)--Boston University N.B.:Pages missing : 3, 15. Only one copy was available.This thesis presents the results of calculations undertaken to obtain the wavelengths of certain lines in the molecular spectrum of hydrogen. These lines lie in the range 5145 A to 5810 A. The spectrogram on which the lines are recorded was taken by Dr. Reginald G. Lacount, who exposed the plate in a Littrow-mount spectrograph at Boston University, using a hydrogen discharge tube as a source. [Truncated

Integrating Statistical Evidence and Legal Theory to Challenge the Selection of Grand and Petit Jurors

A defendeant charged with a federal or state crime may employ statistical evidence to challenge the selection of the grand jury that indicts him or the petit jury that tries and convicts him. This article will consider three issues that arise in jury selection cases: (1)what are the proper figures upon which to base the statistical analysis; (2)what statistical method should be employed to analyze the data; and (3)what degree of disparity must be shown? This article will argue that the propriety of using particular statistcal evidence in jury selection cases cannot adequately be assessed without distinguishing between challenges based on the equal protection clause and those based on the constitutional or statutory right to a jury drawn from a fair cross section of the community

The Development and Evolution of the U.S. Law of Corporate Criminal Liability

In the United States, corporate criminal liability developed in response to the industrial revolution and the rise in the scope and importance of corporate activities. This article focuses principally on federal law, which bases corporate criminal liability on the respondeat superior doctrine developed in tort law. In the federal system, the formative period for the doctrine of corporate criminal liability was the early Twentieth Century, when Congress dramatically expanded the reach of federal law, responding to the unprecedented concentration of economic power in corporations and combinations of business concerns as well as new hazards to public health and safety. Both the initial development of the doctrine and the evolution in its use reflect a utilitarian and pragmatic view of criminal law. This article describes the evolution of the practice of corporate criminal liability and sentencing, arguing that administrative responses by the Department of Justice and the U.S. Sentencing Commission have responded to widespread criticism of the existence of corporate liability as well as the breadth of the respondeat superior standard of liability. As a result of this evolution in enforcement, only a very small number of corporations are convicted, and the penalties imposed on those that are convicted are adjusted to reflect corporate culpability. Nevertheless, the broad potential for criminal liability has significant consequences for a wide range of corporate behavior. Corporations have powerful incentives to perform internal investigations, cooperate with both regulators and prosecutors, and actively pursue settlement of claims of misconduct. To avoid criminal liability, corporations also enter into deferred prosecution agreements that often require changes in corporate business practices and governance as well as monitoring to ensure compliance. The purpose of these administrative responses attempt is to reduce or eliminate the negative effects of imposing criminal liability while exploiting the law’s power to deter criminal behavior, improve corporate citizenship, and bring about beneficial structural reforms. The persistence of the doctrine of respondeat-superior-based corporate criminal liability and its limitation in practice shed light on three key aspects federal criminal law. First, the Sentencing Guidelines have served as a more limited substitute for comprehensive criminal code reform. Second, the federal justice system lacks the resources to process the vast majority of cases falling under the criminal code, and prosecutorial discretion is relied upon to select a small fraction of cases for prosecution. Finally, like corporations, all defendants receive incentives for cooperation that may effectively compel them to plead guilty and/or assist in the investigation and prosecution of others

The Story of Ewing: Three Strikes Laws and the Limits of the Eighth Amendment Proportionality Review

In 1994 California enacted the nation\u27s harshest three strikes law. Under this law, any felony can serve as a third strike, and conviction of a third strike requires a mandatory prison sentence of 25 years to life. In Ewing v. California, 538 U.S. 11 (2003), the Supreme Court held that sending a drug addict who shoplifted three golf clubs to prison for 25 years to life under the three strikes law did not violate the cruel and unusual punishment clause of the Eighth Amendment. The chapter for the forthcoming Criminal Law Stories tells the story of the Ewing case, describing Gary Ewing’s life, the crime that became his third strike, and each stage of his case. It describes all of the players and brings to life the oral argument and the Supreme Court’s opinion. This chapter also explores three questions: First, why did California law impose such a draconian sentence for such a minor offense? The chapter tells the story of the voter initiative that enacted the three strikes laws, the unsuccessful efforts to amend the law, and it describes the way the law has been enforced by California’s elected district attorneys and construed by its courts. Second, why wasn\u27t such a sentence prohibited by the cruel and unusual punishment clause? The chapter reviews the Supreme Court’s prior Eighth Amendment cases and analyzes the majority and dissenting opinions in Ewing. The chapter concludes with a discussion of the question what limits -- if any -- the Eighth Amendment imposes on the state\u27s authority to replace policies based on rehabilitation, retribution, and individualized sentencing with a policy that seeks to protect society by incapacitating recidivists

Prosecutorial Discretion in Three Systems: Balancing Conflicting Goals and Providing Mechanisms for Control

In regulating the authority and discretion exercised by contemporary prosecutors,national systems balance a variety of goals, many of which are in tension or direct conflict. Forexample, making prosecutors politically or democratically accountable may conflict with theprinciple of prosecutorial neutrality, and the goal of efficiency may conflict with accuracy. National systems generally seek to foster equal treatment of defendants and respect for theirrights while also controlling or reducing crime and protecting the rights of victims. Systems thatrecognize prosecutorial discretion also seek to establish and implement policy decisions aboutthe best ways to address various social problems, priorities, and the allocation of resources. Finally, all national systems are facing the challenge of increasing caseloads. The United States differs from France and Germany in the training and selection of prosecutors, in the understanding of their role, and in the structure of prosecutorial authority. This chapter explores how these differences affect the balance each system has struck among the competing goals of accountability, neutrality, efficiency, accuracy, and equal treatment, how these systems differ in the availability of mechanisms to establish and implement policies, and how each is responding to the challenges of increasingly heavy caseloads. This chapter begins with a description of the U.S. approach to the structure of prosecutorial authority, the training, selection and ethos of U.S. prosecutors, and the scope of prosecutorial discretion in the U.S. Part II turns to a comparison of the French and German systems. On the basis of this foundation, Part III then considers how the three systems are resolving some of the key tradeoffs between the goals of efficiency, accuracy, democratic accountability, neutrality, consistency, and the need for mechanisms to set priorities and policies. It concludes that the structure of prosecutorial authority is continuing to play a significant role in each system’s distinctive response to prosecutorial discretion. In contrast, differences in the traditional understanding of the prosecutor’s role seem to be of diminishing importance as each system responds to the pressure of increasing caseloads