Sex, Threats, and Absent Victims: The Lessons of Regina v. Bedingfield for Modern Confrontation and Domestic Violence Cases

In 2004, Crawford v. Washington, authored by Justice Scalia, revolutionized the law of confrontation by requiring that, aside from two discrete exceptions, all testimonial statements (those made with the expectation that they will serve to prosecute the accused) be subject to cross-examination. This new interpretation of the Sixth Amendment’s Confrontation Clause has profoundly affected domestic violence cases, making it much harder to prosecute them successfully. Although Justice Scalia’s approach to confrontation is new, it is strikingly similar to the analysis in Regina v. Bedingfield, a notorious English murder case, which excluded from the evidence an alleged statement by the murder victim. The analysis of the res gestae hearsay exception, which was central to excluding the victim’s statement in Bedingfield, focused on the timing of her statement, her intent in making it, and whether an ongoing emergency existed when the declaration was made. Justice Scalia’s rigid, formalistic approach to testimonial statements in Davis v. Washington, another in the line of new confrontation cases, is analogous and ultimately as confusing and unworkable as Bedingfield’s res gestae analysis. Although Bedingfield arose in 1879, its facts, replete with verbal abuse, intoxication, unheeded pleas for police protection, and ultimately, murder when the victim tried to break off the relationship, resonate with modern experiences of domestic violence. Both the Bedingfield case and Justice Scalia’s confrontation jurisprudence fail to account for the practical realities of domestic violence cases and ignore the voices of victims who cannot or will not testify on their own behalf. The facts of Bedingfield, which present a serious question whether the victim’s statement was ever uttered, demonstrate another flaw in Justice Scalia’s new approach. In addition to being too rigid in rejecting unconfronted testimonial statements, the new confrontation doctrine is also too lax regarding nontestimonial statements, which now receive no constitutional protection at all

All-optical gates facilitated by soliton interactions in a multilayered Kerr medium

All-optical soliton logic operations, facilitated by incoherent interactions of multiple spatial solitons with nonlinear interfaces, are proposed and analyzed. A particlelike model, validated by beam propagation simulations, was developed for calculating the soliton trajectories and was employed for the analysis of the soliton-based logic gates

Optical non-reciprocity in magnetic structures related to high-Tc superconductors

Recent neutron scattering [1,2], and optical measurements [3,4] have detected evidence in underdoped cuprate superconductors for a phase transition near the pseudogap onset temperature T* to a time reversal-breaking state. The neutron scattering indicates antiferromagnetic ordering, while it is often assumed that optical polarization rotation requires at least a weak ferromagnetic component. In this note we identify several antiferromagnetic structures, compatible with neutron scattering data, that allow intrinsic polarization rotation through the magnetoelectic effect

Circulating spatial solitons

A class of optical spatial solitons exhibiting propagation in a closed-loop orbit in a two-dimensional plane is presented. A closed-form particlelike model is derived, indicating that the quasi-centrifugal force acting on these solitons can be balanced by an inhomogeneity in the nonlinear index of refraction. Specifically, a circular-shaped nonlinear interface is shown to facilitate stable orbital propagation of solitons that carve their own circular cavity for a wide range of nonlinearity parameters