Ergodicity of pumping tests

Standard interpretations of pumping tests in heterogeneous formations rely on effective representations of porous media, which replace spatially varying hydraulic properties with their constant counterparts averaged over the support volume of a test. Rigorous approaches for deriving representative (effective, apparent, upscaled, etc.) parameters employ either ensemble or spatial averaging. We derive a set of conditions under which these two paradigms yield identical results. We refer to them as conditions for the ergodicity of pumping tests. This allows one to use stochastic approaches to estimate the statistics of the spatial variability of hydraulic parameters on scales smaller than the support volume of a pumping test

Why Strickland is the Wrong Test for Violations of the Right to Testify

A criminal accused has a constitutional right to testify in his own defense. The right has an undisputed place alongside the most important “personal” rights, like the right to remain silent or the right to represent oneself. But in the 1990s, courts began to apply the ineffective-assistance test of Strickland v. Washington to evaluate claims by a defendant that his right to testify was abridged. In practice this nullifies the right. Moreover, the Strickland test is inapposite because it focuses on counsel and not the defendant’s right to testify. This Article proposes a new test to better secure and enforce the right, without subjecting courts to burdensome post-trial motions