22,447 research outputs found

    Administrative License Suspensions, Criminal Prosecution and the Double Jeopardy Clause

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    This Note argues that revocation of a driver\u27s license under ALS proceedings is not a bar to subsequent criminal prosecution by the state. It discusses the potential double jeopardy implications surrounding ALS that is followed by criminal proceedings, as well as the reasoning employed by a majority of the courts that hold that an ALS is remedial and, therefore, not punishment for purposes of the Double Jeopardy Clause. It argues that with regard to determining whether an ALS is punitive, the appropriate test should balance the effect of the statute on the driver against the state\u27s interest in protecting the public safety. This Note concludes that the punitive effects on drunken drivers by the imposition of a 90-day driver\u27s license suspension and a moderate reinstatement fee is not disproportionate to the perceived risk drunken drivers pose to society while they await trial, and thus the presumption that the government is acting in a non-punishing capacity is not rebutted. Thus, the typical 90-day ALS is not punitive and may be accompanied by subsequent criminal prosecution

    Administrative License Suspensions, Criminal Prosecution and the Double Jeopardy Clause

    Get PDF
    This Note argues that revocation of a driver\u27s license under ALS proceedings is not a bar to subsequent criminal prosecution by the state. It discusses the potential double jeopardy implications surrounding ALS that is followed by criminal proceedings, as well as the reasoning employed by a majority of the courts that hold that an ALS is remedial and, therefore, not punishment for purposes of the Double Jeopardy Clause. It argues that with regard to determining whether an ALS is punitive, the appropriate test should balance the effect of the statute on the driver against the state\u27s interest in protecting the public safety. This Note concludes that the punitive effects on drunken drivers by the imposition of a 90-day driver\u27s license suspension and a moderate reinstatement fee is not disproportionate to the perceived risk drunken drivers pose to society while they await trial, and thus the presumption that the government is acting in a non-punishing capacity is not rebutted. Thus, the typical 90-day ALS is not punitive and may be accompanied by subsequent criminal prosecution

    A non-Abelian Black Ring

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    We construct a supersymmetric black ring solution of SU(2) N=1, d=5 Super-Einstein-Yang-Mills (SEYM) theory by adding a distorted BPST instanton to an Abelian black ring solution of the same theory. The change cannot be observed from spatial infinity: neither the mass, nor the angular momenta or the values of the scalars at infinity differ from those of the Abelian ring. The entropy is, however, sensitive to the presence of the non-Abelian instanton, and it is smaller than that of the Abelian ring, in analogy to what happens in the supersymmetric coloured black holes recently constructed in the same theory and in N=2, d=4 SEYM. By taking the limit in which the two angular momenta become equal we derive a non-Abelian generalization of the BMPV rotating black-hole solution.Comment: 19 pages, no figure

    Redistribution and fiscal policy

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    This paper studies the optimal behavior of a democratic government in its use of fiscal policies to redistribute income. I present a stochastic dynamic general equilibrium model with heterogeneous agents to analyze (1) the differences between the effects on the optimal tax rate of permanent and nonpermanent perturbations and (2) the relationship between initial inequality and both steady-state levy and income distribution. In addition, the optimal fiscal policy for the transition is calculated. The analysis leads me to three main conclusions. First, there are no important differences between how taxes respond to a permanent or nonpermanent perturbation. Second, the initial inequality has a huge effect on both actual levy and actual income distribution. And finally, the Chari, Christiano, and Kehoe (1992) result, i.e., taxes on labor are roughly constant over the business cycle, holds only if the productivity ratio is constant. In addition, the model implies a positive correlation between inequality and tax rate, just as in the basic literature.Taxation ; Income distribution

    CP violating effects in the decay Z -> mu^+mu^-gamma induced by ZZgamma and Zgammagamma couplings

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    We analyze possible CP-violating effects induced in the ZZ decay with hard photon radiation by γZZ\gamma ZZ and γγZ\gamma\gamma Z anomalous vertices. We estimate the sensibility of future linear collider experiments on these couplings coming from CP-odd asymmetries associated to angular correlations of the three particle final state in e+e−→Z→μ+μ−γe^+e^- \to Z \to \mu^+\mu^-\gamma. We find that a linear collider with an integrated luminosity of 500 fb−1fb^{-1} and s=0.05\sqrt{s} = 0.05 TeV can place the bound ∣h1γ,Z∣<0.92|h_1^{\gamma,Z}| < 0.92 at the 90% confidence level for these couplings.Comment: Added references, 2 graphics 5 pages, LaTeX; typos added, 4 graphics remove

    Computation of the Generalized F Distribution

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    Exact expressions are given for the distribution function of the ratio of a weighted sum of independent chi-squared variables to a single chi-square variable, scaled appropriately. This distribution is the generalization of the classical F distribution to mixtures of chi-squared variables. The distribution is given in terms of the Lauricella functions. The truncation error bounds are given in terms of hypergeometric functions. Applications to detecting joint outliers and Hotelling's misspecified T^2 distribution are given.Comment: Latex, 15 page
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