Elevation of Entrapment to a Constitutional Defense

The issue of entrapment arises initially as a defense when a person is accused of committing a criminal act in which government agents solicited, and perhaps actively participated in, the conduct for which the defendant stands accused. Classic entrapment situations occur when law enforcement officers, through agents or informers, solicit an illegal transaction, such as the sale of contraband. The evidence thereby obtained is used to support the prosecution of the individual accepting the solicitation. Solicitation is an important technique of law enforcement because evidence of illegal transactions is often impossible to obtain by other methods. Certain uses of solicitation brought to the attention of the federal courts early in this century demonstrated the need for judicial limitation by prescribed standards. These cases involved factual settings where officials, eager to obtain a person\u27s conviction for a particular substantive offense, seemingly set him up for prosecution by inducing him to participate in an illegal transaction when it was questionable whether the accused would have taken part if unsolicited. When directing their solicitation to this end, it is doubtful that enforcement officers are acting within the limits of their legitimate functions. Moreover, there is a real possibility that the government might attempt systematically to induce criminal conduct in a politically or socially unpopular individual or group so as to hamper their activities through prosecution or conviction. These situations present considerable legal ambiguity with regard to the policy objectives the entrapment doctrine has been designed to promote, the elements of the defense as determined by these objectives, and the language employed to describe the elements. It is not surprising, therefore, that a sizable volume of judicial opinion and legal literature discusses the possible recognition of a bar to criminal conviction on the ground that the alleged criminal conduct was induced by the police

CLIMATE CHANGE IMPACTS ON US AGRICULTURE

There is general consensus in the scientific literature that human-induced climate change has taken place and will continue to do so over the next century. The Fourth Assessment Report (AR4) of the Intergovernmental Panel on Climate Change concludes with “very high confidence” that anthropogenic activities such as fossil fuel burning and deforestation have affected the global climate. The AR4 also indicates that global average temperatures are expected to increase by another 1.1°C to 5.4°C by 2100, depending on the increase in atmospheric concentrations of greenhouse gases that takes place during this time. Increasing atmospheric carbon dioxide levels, temperature increases, altered precipitation patterns and other factors influenced by climate have already begun to impact U.S. agriculture. Climate change will continue to have significant effects on U.S. agriculture, water resources, land resources, and biodiversity in the future as temperature extremes begin exceeding thresholds that harm crop growth more frequently and precipitation and runoff patterns continue to change. In this study, we provide an assessment of the potential long-term implications of climate change on landowner decisions regarding land use, crop mix, and production practices in the U.S., combining a crop process model (Environmental Policy Integrated Climate model) and an economic model of the U.S. forestry and agricultural sector (Forest and Agricultural Sector Optimization Model). Agricultural producers have always faced numerous production and price risks, but forecasts of more rapid changes in climatic conditions in the future have raised concerns that these risks will increase in the future relative to historical conditions.climate change, crop yields, EPIC, FASOM, Crop Production/Industries, Environmental Economics and Policy, International Relations/Trade, Land Economics/Use, Resource /Energy Economics and Policy, C61, Q18, Q54,

Exact Casimir-Polder potentials: interaction of an atom with a conductor-patched dielectric surface

We study the interaction between a neutral atom or molecule and a conductor-patched dielectric surface. We model this system by a perfectly reflecting disc lying atop of a non-dispersive dielectric half-space, both interacting with the neutral atom or molecule. We assume the interaction to be non-retarded and at zero temperature. We find an exact solution to this problem. In addition we generate a number of other useful results. For the case of no substrate we obtain the exact formula for the van der Waals interaction energy of an atom near a perfectly conducting disc. We show that the Casimir-Polder force acting on an atom that is polarized in the direction normal to the surface of the disc displays intricate behaviour. This part of our results is directly relevant to recent matter-wave experiments in which cold molecules are scattered by a radially symmetric object in order to study diffraction patterns and the so-called Poisson spot. Furthermore, we give an exact expression for the non-retarded limit of the Casimir-Polder interaction between an atom and a perfectly-conducting bowl.Comment: 9 pages, 9 figure

Child relationships in the middle grades

Thesis (Ed.M.)--Boston Universit

Assessing what is needed to resolve a molecular phylogeny: simulations and empirical data from emydid turtles

<p>Abstract</p> <p>Background</p> <p>Phylogenies often contain both well-supported and poorly supported nodes. Determining how much additional data might be required to eventually recover most or all nodes with high support is an important pragmatic goal, and simulations have been used to examine this question. Most simulations have been based on few empirical loci, and suggest that well supported phylogenies can be determined with a very modest amount of data. Here we report the results of an empirical phylogenetic analysis of all 10 genera and 25 of 48 species of the new world pond turtles (family Emydidae) based on one mitochondrial (1070 base pairs) and seven nuclear loci (5961 base pairs), and a more biologically realistic simulation analysis incorporating variation among gene trees, aimed at determining how much more data might be necessary to recover weakly-supported nodes with strong support.</p> <p>Results</p> <p>Our mitochondrial-based phylogeny was well resolved, and congruent with some previous mitochondrial results. For example, all genera, and all species except <it>Pseudemys concinna</it>, <it>P. peninsularis</it>, and <it>Terrapene carolina </it>were monophyletic with strong support from at least one analytical method. The Emydinae was recovered as monophyletic, but the Deirochelyinae was not. Based on nuclear data, all genera were monophyletic with strong support except <it>Trachemys</it>, and all species except <it>Graptemys pseudogeographica</it>, <it>P. concinna</it>, <it>T. carolina</it>, and <it>T. coahuila </it>were monophyletic, generally with strong support. However, the branches subtending most genera were relatively short, and intergeneric relationships within subfamilies were mostly unsupported.</p> <p>Our simulations showed that relatively high bootstrap support values (i.e. ≥ 70) for all nodes were reached in all datasets, but an increase in data did not necessarily equate to an increase in support values. However, simulations based on a single empirical locus reached higher overall levels of support with less data than did the simulations that were based on all seven empirical nuclear loci, and symmetric tree distances were much lower for single versus multiple gene simulation analyses.</p> <p>Conclusion</p> <p>Our empirical results provide new insights into the phylogenetics of the Emydidae, but the short branches recovered deep in the tree also indicate the need for additional work on this clade to recover all intergeneric relationships with confidence and to delimit species for some problematic groups. Our simulation results suggest that moderate (in the few-to-tens of kb range) amounts of data are necessary to recover most emydid relationships with high support values. They also suggest that previous simulations that do not incorporate among-gene tree topological variance probably underestimate the amount of data needed to recover well supported phylogenies.</p

Intermittent dislocation flow in viscoplastic deformation

The viscoplastic deformation (creep) of crystalline materials under constant stress involves the motion of a large number of interacting dislocations. Analytical methods and sophisticated `dislocation-dynamics' simulations have proved very effective in the study of dislocation patterning, and have led to macroscopic constitutive laws of plastic deformation. Yet, a statistical analysis of the dynamics of an assembly of interacting dislocations has not hitherto been performed. Here we report acoustic emission measurements on stressed ice single crystals, the results of which indicate that dislocations move in a scale-free intermittent fashion. This result is confirmed by numerical simulations of a model of interacting dislocations that successfully reproduces the main features of the experiment. We find that dislocations generate a slowly evolving configuration landscape which coexists with rapid collective rearrangements. These rearrangements involve a comparatively small fraction of the dislocations and lead to an intermittent behavior of the net plastic response. This basic dynamical picture appears to be a generic feature in the deformation of many other materials. Moreover, it should provide a framework for discussing fundamental aspects of plasticity, that goes beyond standard mean-field approaches that see plastic deformation as a smooth laminar flow

Pregnancy Rates, Metabolites and Metabolic Hormones in Bighorn Sheep During and After the Breeding Season

Wildlife managers routinely draw blood and harvest serum when bighorn sheep (Ovis canadensis) and other ungulates are captured for management and research purposes.  Serum samples are routinely submitted to state livestock labs that perform a panel of assays to access exposure to a variety of important pathogens that cause disease, providing managers important insights.  Wildlife managers would also benefit from similar procedures that could provide assessments of reproduction, nutrition, and physiological status.  The objectives of this preliminary study were to evaluate pregnancy rates, energy-related metabolites and hormones among herds of Montana and Wyoming bighorn sheep during and after the breeding season in order to assess the general ‘health’ of herds. Metabolites and metabolic hormones are frequently used in domestic animals to evaluate nutrition, reproduction and energy balance, and potentially may provide the same insights in wildlife for managers. A total of 240 bighorn ewes were sampled from 13 herds between December 2014 and March 2015.  Samples were assayed for progesterone (P4) and pregnancy specific protein B (PSPBs) to assess reproductive cycling and pregnancy. Assays were also performed for non-esterified fatty acid, insulin, triiodothyronine and thyroxine which are metabolites and metabolic hormones that indicate nutritional and energy states of animals. We will be presenting the results of this preliminary study and discussing the relationship between pregnancy rates, energy-related metabolites and hormones and how they might be used to inform wildlife management