The Least Accountable Branch?

Under what conditions should judges be held accountable to their constituents for the decisions they make? In framing our question as we have we are immediately tipping our hand on two crucial issues: (1) we assume that judges have constituents, which is, of course, technically true of more than 90% of American judges, and (2) we imply that under at least some conditions, accountability is not only appropriate but required by most theories of liberal democracy. Our arguments run as follows: • In many areas of law, including sentencing, judges are given by statute an enormous amount of discretion. • When law authorizes discretion, law no longer indicates what specific decision should be made. Any decision that falls within the range of discretion authorized by law must be judged to be compatible with the rule-of-law. • Judges may base their discretionary decisions on many factors, including expertise, their own ideological predilections, their own self-interest, the interests of the workgroup of which they are a member, and the preferences and interests of their constituents, to name just a few salient factors

Fatigue Performance: Asphalt Binder versus Mixture versus Full-Scale Pavements

The Federal Highway Administration (FHWA) built 12 asphalt pavements in 1993 to validate Superpave tests and specifications used to measure the rutting and fatigue cracking performances of hot-mix asphalts and asphalt binders. Each pavement had four test sites. These sites were tested for either rutting or fatigue cracking using the FHWA’s Accelerated Loading Facility (ALF). The main objective of the study documented in this paper was to compare the fatigue performance results from laboratory bending beam fatigue tests to the ALF fatigue cracking data obtained for these sites from lanes 1 through 4. The four lanes consisted of two asphalt pavement layer thicknesses (100 and 200 mm) and two asphalt binders (PG 58-34 and PG 64-22). Each lane was tested at three temperatures 10, 19, and 28°C. Another objective of this study was to investigate the relationship between the asphalt binder parameter for intermediate temperature performance (G*sinδ) and asphalt pavement fatigue life. Findings of this study showed that a relatively good correlation was obtained between the ALF pavement fatigue life and the asphalt mixture fatigue life from the strain-controlled bending beam fatigue tests. Comparison of the fatigue results at the three test temperatures showed rational trends with the longest fatigue life at 28°C and the shortest fatigue life at 10°C. Fatigue power models at these test temperatures were also obtained for asphalt mixtures produced using the two asphalt binders

A Viscoelastoplastic Continuum Damage Model for the Compressive Behavior of Asphalt Concrete

Mechanistic performance prediction of asphalt concrete pavements has been a goal for the pavement industry for some time. A comprehensive material model is essential for such predictions. This dissertation illustrates the development, calibration and validation of a comprehensive constitutive material model for asphalt concrete in unconfined and confined compression. A continuum damage-based viscoelastic model is extended with viscoplasticity. Thermodynamic principles, an elastic-viscoelastic correspondence principle and internal state variables quantify degradation by accounting for linear viscoelasticity and any nonlinear viscoelasticity with cumulative damage. Viscoplastic effects are addressed separately. Two distinctly different strain-hardening viscoplastic models were investigated. A more capable multiaxial model with primary-secondary hardening improved upon the original uniaxial. These characteristics enable the whole model to decompose total strain into individual response components of viscoelasticity, viscoplasticity and damage. Separate laboratory tests were required to measure and calibrate the individual response components. The calibration tests include small strain dynamic modulus tests for undamaged viscoelastic properties, cyclic creep and recovery tests for viscoplastic properties, and constant rate of strain tests for damage properties. All tests were performed at appropriate temperatures and loading rates. An extensive set of validation tests was used to confirm each model, which were very different from the calibration conditions to evaluate the models' capabilities. The predictions at these different conditions indicate that the comprehensive model can realistically simulate a wide range of asphalt concrete behavior. Recommendations are given based on lessons learned in the laboratory experiments and analyses of the data generated

A broken solar type II radio burst induced by a coronal shock propagating across the streamer boundary

We discuss an intriguing type II radio burst that occurred on 2011 March 27. The dynamic spectrum was featured by a sudden break at about 43 MHz on the well-observed harmonic branch. Before the break, the spectrum drifted gradually with a mean rate of about -0.05 MHz/s. Following the break, the spectrum jumped to lower frequencies. The post-break emission lasted for about three minutes. It consisted of an overall slow drift which appeared to have a few fast drift sub-bands. Simultaneous observations from the Solar TErrestrial RElations Observatory (STEREO) and the Solar Dynamics Observatory (SDO) were also available and are examined for this event. We suggest that the slow-drift period before the break was generated inside a streamer by a coronal eruption driven shock, and the spectral break as well as the relatively wide spectrum after the break is a consequence of the shock crossing the streamer boundary where density drops abruptly. It is suggested that this type of radio bursts can be taken as a unique diagnostic tool for inferring the coronal density structure, as well as the radio emitting source region.Comment: 12 pages, 5 figures, accepted by ApJ 201

Assessment of discharge treatment prescribed to women admitted to hospital for hyperemesis gravidarum

Aims: Prescribing drug treatment for the management of hyperemesis gravidarum (HG), the most severe form of nausea and vomiting in pregnancy, remains controversial. Since most manufacturers do not recommend prescribing antiemetics during pregnancy, little is known regarding which treatments are most prevalent among pregnant patients. Here we report for the first time, evidence of actual treatments prescribed in English hospitals.Methods: A retrospective pregnancy cohort was constructed using anonymised electronic records in the Nottingham University Hospitals Trust system for all women who delivered between January 2010 and February 2015. For women admitted to hospital for HG, medications prescribed on discharge were described and variation by maternal characteristics was assessed. Compliance with local and national HG treatment guidelines was evaluated.Results: Of 33,567 pregnancies (among 30,439 women), the prevalence of HG was 1.7%. Among 530 HG admissions with records of discharge drugs, Cyclizine was the most frequently prescribed (almost 73% of admissions). Prochlorperazine and metoclopramide were prescribed mainly in combination with other drugs, however, ondansetron was more common than metoclopramide at discharge from first and subsequent admissions. Steroids were only prescribed following readmissions. Thiamine was most frequently prescribed following readmission while high dose of folic acid was prescribed equally after first or subsequent admissions. Prescribing showed little variation by maternal age, ethnicity, weight, socioeconomic deprivation, or comorbidities.Conclusion: Evidence that management of HG in terms of discharge medications mainly followed local and national recommendations provides reassurance within the health professional community. Wider documentation of drugs prescribed to women with HG is required to enable full assessment of whether optimal drug management is being achieved

Verbal Initiation, Suppression, and Strategy Use and the Relationship with Clinical Symptoms in Schizophrenia

Objectives: Individuals with schizophrenia have difficulties on measures of executive functioning such as initiation and suppression of responses and strategy development and implementation. The current study thoroughly examines performance on the Hayling Sentence Completion Test (HSCT) in individuals with schizophrenia, introducing novel analyses based on initiation errors and strategy use, and association with lifetime clinical symptoms. Methods: The HSCT was administered to individuals with schizophrenia (N=77) and age-and sex-matched healthy controls (N=45), along with background cognitive tests. The standard HSCT clinical measures (initiation response time, suppression response time, suppression errors), composite initiation and suppression error scores, and strategy-based responses were calculated. Lifetime clinical symptoms formal thought disorder (FTD), positive, negative were calculated using the Lifetime Dimensions of Psychosis Scale. Results: After controlling for baseline cognitive differences, individuals with schizophrenia were significantly impaired on the suppression response time and suppression error scales. For the novel analyses, individuals with schizophrenia produced a greater number of initiation errors and subtly wrong errors, and produced fewer responses indicative of developing an appropriate strategy. Strategy use was negatively correlated with FTD symptoms in individuals with schizophrenia. Conclusions: The current study provides further evidence for deficits in the initiation and suppression of verbal responses in individuals with schizophrenia. Moreover, an inability to attain a strategy at least partly contributes to increased semantically connected errors when attempting to suppress responses. The association between strategy use and FTD points to the involvement of executive deficits in disorganized speech in schizophrenia

The impact of constructive operating lease capitalisation on key accounting ratios

Current UK lease accounting regulation does not require operating leases to be capitalised in the accounts of lessees, although this is likely to change with the publication of FRS 5. This study conducts a prospective analysis of the effects of such a change. The potential magnitude of the impact of lease capitalisation upon individual users' decisions, market valuations, company cash flows, and managers' behaviour can be indicated by the effect on key accounting ratios, which are employed in decision-making and in financial contracts. The capitalised value of operating leases is estimated using a method similar to that suggested by Imhoff, Lipe and Wright (1991), adapted for the UK accounting and tax environment, and developed to incorporate company-specific assumptions. Results for 1994 for a random sample of 300 listed UK companies show that, on average, the unrecorded long-term liability represented 39% of reported long-term debt, while the unrecorded asset represented 6% of total assets. Capitalisation had a significant impact (at the 1% level) on six of the nine selected ratios (profit margin, return on assets, asset turnover, and three measures of gearing). Moreover, the Spearman rank correlation between each ratio before and after capitalisation revealed that the ranking of companies changed markedly for gearing measures in particular. There were significant inter-industry variations, with the services sector experiencing the greatest impact. An analysis of the impact of capitalisation over the five-year period from 1990 to 1994 showed that capitalisation had the greatest impact during the trough of the recession. Results were shown to be robust with respect to key assumptions of the capitalisation method. These findings contribute to the assessment of the economic consequences of a policy change requiring operating lease capitalisation. Significant changes in the magnitude of key accounting ratios and a major shift in company performance rankings suggest that interested parties' decisions and company cash flows are likely to be affected

The Galactic Inner Halo: Searching for White Dwarfs and Measuring the Fundamental Galactic Constant, Vo/Ro

We establish an extragalactic, zero-motion frame of reference within the deepest optical image of a globular star cluster, an HST 123-orbit exposure of M4 (GO 8679, cycle 9). The line of sight beyond M4 (l,b (deg) = 351,16) intersects the inner halo (spheroid) of our Galaxy at a tangent-point distance of 7.6 kpc (for Ro = 8 kpc). We isolate these spheroid stars from the cluster based on their proper motions over the 6-year baseline between these and previous epoch HST data (GO 5461, cycle 4). Distant background galaxies are also found on the same sight line using image-morphology techniques. This fixed reference frame allows us to independently determine the fundamental Galactic constant, Vo/Ro = 25.3 +/- 2.6 km/s/kpc, thus providing a velocity of the Local Standard of Rest, v = 202.7 +/- 24.7 km/s for Ro = 8.0 +/- 0.5 kpc. Secondly, the galaxies allow a direct measurement of M4's absolute proper motion, mu_total = 22.57 +/- 0.76 mas/yr, in excellent agreement with recent studies. The clear separation of galaxies from stars in these deep data also allow us to search for inner-halo white dwarfs. We model the conventional Galactic contributions of white dwarfs along our line of sight and predict 7.9 (thin disk), 6.3 (thick disk) and 2.2 (spheroid) objects to the limiting magnitude at which we can clearly delineate stars from galaxies (V = 29). An additional 2.5 objects are expected from a 20% white dwarf dark halo consisting of 0.5 Mo objects, 70% of which are of the DA type. After considering the kinematics and morphology of the objects in our data set, we find the number of white dwarfs to be consistent with the predictions for each of the conventional populations. However, we do not find any evidence for dark halo white dwarfs.Comment: 31 pages, including 6 diagrams and 2 tables. Accepted for publication in Ap