Disquieting Discretion: Race, Geography & the Colorado Death Penalty in the First Decade of the Twenty-First Century

This Article demonstrates through original statistical research that prosecutors in Colorado were more likely to seek the death penalty against minority defendants than against white defendants. Moreover, defendants in Colorado’s Eighteenth Judicial District were more likely to face a death prosecution than defendants elsewhere in the state. Our empirical analysis demonstrates that even when one controls for the differential rates at which different groups commit statutorily death-eligible murders, non-white defendants and defendants in the Eighteenth Judicial District were still more likely than others to face a death penalty prosecution. Even when the heinousness of the crime is accounted for, the race of the accused and the place of the crime are statistically significant predictors of whether prosecutors will seek the death penalty. We discuss the implications of this disparate impact on the constitutionality of Colorado’s death penalty regime, concluding that the Colorado statute does not meet the dictates of the Eighth Amendment to the Constitution.

Double Reasonableness and the Fourth Amendment

Recently the Supreme Court has placed new limits on both the substance of the Fourth Amendment and the exclusionary that serves as the principal remedy for Fourth Amendment violations. In this Article we briefly summarize these limitations and then argue that the curtailment of the exclusionary rule has the potential to ameliorate substantive Fourth Amendment doctrine. The limited reach of the modern exclusionary rule provides the Court with license to develop an expansive new substantive framework free of the specter of a correspondingly expansive remedial framework. One point on which nearly all jurists and commentators agree is that current Fourth Amendment doctrine is a mess. We argue that the Court’s exclusionary rule cases, while frustrating and ill-conceived if viewed in isolation, provide the Court with an opportunity to revisit problematic Fourth Amendment doctrine that was born under a very different remedial regime. Such an approach would allow the Court to adhere to its current view of the exclusionary rule as a remedy of last resort while creating a Fourth Amendment with teeth. The goal is a Fourth Amendment right that is more substantial and clearly defined, but a remedy that remains limited to egregious violations of clear substantive rules. The time is now to lift the Fourth Amendment fog.

High Value Lies, Ugly Truths, and the First Amendment

Lying has a complicated relationship with the First Amendment. It is beyond question that some lies – such as perjury or pretending to be a police officer – are not covered by the First Amendment. But it is equally clear that some lies, even intentionally lying about military honors, are entitled to First Amendment protection. U.S. v. Alvarez, 132 S. Ct. 2537 (2012). To date, however, both Supreme Court doctrine and academic commentary has taken for granted that any constitutional protection for lies is purely prophylactic – it protects the liar to avoid chilling truthful speech. This Article is the first to argue, contrary to conventional wisdom, that certain types of lies paradoxically advance the values underlying the First Amendment. Our framework is descriptively novel and doctrinally important insofar as we provide the first comprehensive post-Alvarez look at the wide range of lies that may raise First Amendment issues. Because there was no majority opinion in Alvarez, there is uncertainty about which standard of constitutional scrutiny should apply to protected lies, an issue we examine at length. Moreover, our normative claim is straightforward: when a lie has intrinsic or instrumental value it should be treated differently from other types of lies and warrant the greatest constitutional protection. Specifically, we argue that investigative deceptions – lies used to secure truthful factual information about matters of public concern – deserve the utmost constitutional protection because they advance the underling purposes of free speech: they enhance political discourse, help reveal the truth, and promote individual autonomy. A prototypical investigative deception is the sort of misrepresentation required in order for an undercover journalist, investigator, or activist to gain access to information or images of great political significance that would not be available if the investigator disclosed her reporting or political objectives. Tactical use of such lies have a long history in American journalism and activism, from Upton Sinclair to his modern day heirs. Using the proliferation of anti-whistleblower statutes like Ag Gag laws as an illustrative example, we argue that investigative deceptions are a category of high value lies that ought to receive rigorous protection under the First Amendment. At the same time, we recognize that not all lies are alike and that in other areas, the government regulation of lies serves legitimate interests. We therefore conclude the Article by drawing some limiting principles to our theory.

Sex, sin and salvation : a case study of the narrative pictorial cycle of Saint Mary the Egyptian at Bourges Cathedral

This paper studies the narrative stained glass cycle of the Life of Saint Mary the Egyptian at Bourges Cathedral within the context of prevailing—and often conflicting--civil and ecclesiastical attitudes toward sex, sexual sin, and prostitution in early thirteenth century France. Although the Church maintained that sexual sin was mortal sin, civil records suggest the public was skeptical. Through the example of a penitent harlot, this window, both structurally and in thematic content, attempts to map a doctrinally appropriate path from sexual sin to purity of spirit—and salvation—through complete submission to the Church and its clergy.

Simulated magnetic field expulsion in neutron star cores

The study of long-term evolution of neutron star (NS) magnetic fields is key to understanding the rich diversity of NS observations, and to unifying their nature despite the different emission mechanisms and observed properties. Such studies in principle permit a deeper understanding of the most important parameters driving their apparent variety, e.g. radio pulsars, magnetars, X-ray dim isolated NSs, gamma-ray pulsars. We describe, for the first time, the results from self-consistent magnetothermal simulations considering not only the effects of the Hall-driven field dissipation in the crust, but also adding a complete set of proposed driving forces in a superconducting core. We emphasize how each of these core-field processes drive magnetic evolution and affect observables, and show that when all forces are considered together in vectorial form, the net expulsion of core magnetic flux is negligible, and will have no observable effect in the crust (consequently in the observed surface emission) on megayear time-scales. Our new simulations suggest that strong magnetic fields in NS cores (and the signatures on the NS surface) will persist long after the crustal magnetic field has evolved and decayed, due to the weak combined effects of dissipation and expulsion in the stellar core.

Letter from David Phips to Colonel Jonathan Snelling regarding escort of Governor Hutchinson to Harvard Commencement, 1773 July 12

David Phips wrote this letter to Colonel Jonathan Snelling from Cambridge on July 12, 1773, to inform him that Massachusetts Governor Thomas Hutchinson had requested the accompaniment of guards during his travels from Milton to Cambridge on July 21, 1773, to attend the Harvard College Commencement exercises. In the letter, Phips informs Snelling that he has issued warrants to the guards, instructing them to congregate at the Sign of the Grey Hound in Roxbury, Massachusetts at eight o'clock on the morning of the 21st. He explains that twelve other men will march, under the command of Sub-Brigadier Sumner, to the Governor's home in Milton to escort him to Roxbury, where the larger party will assemble. These heightened security measures were certainly prompted by political unrest, although this is not stated explicitly in the letter. Phips concludes by saying: "I shall order a dinner for us at Bradish's, where I hope to have the pleasure to dine with you."

Poems copied by James Diman, ca. 1730-1733

Small pamphlet-sized notebook containing handwritten transcriptions of three poems copied by James Diman, likely in the early 1730s. The notebook contains "The Catholic Remedy. to ye Tune of To all you Ladies, not at land &c.," "Father Ab--y's Will. Col. Sweeper Camb: Dec. 1731," and "The Poet's Lamentation for ye Loss of his cat, w'ch he used to call his Muse" copied from the London Magazine, November 1733. The "Catholic Remedy" begins "You Peope who desire to mend / your Desperate Estate..." and includes the note, "Made upon A--D--'s goving over to take orders. The note refers to the voyage of Addington Davenport (Harvard AB 1719) to England join the priesthood of the Church of England in 1730. "Father Ab--y's Will" begins "To my dear Wife, / My joy and Life..." and was a humorous poem published in 1731 after the death of Harvard College Sweeper Matthew Abdy, and attributed to Jonathan Seccombe (Harvard AB 1728). The "Poet's Lamentation" begins "Oppress'd with Grief, in heavy strains I mourn..." and was written by Joseph Green (Harvard AB 1726) as a parody of a psalm composed by Mather Byles (Harvard AB 1725). Pages 10-12, holding part of "Father Ab--y's Will" are missing, and pages 13-15 are no longer attached to the item.

Relation de la conversion de Mr. Jean Thayer: autrefois ministre protestant à Boston, en l'Amérique Septentrionale, converti à la religion catholique à Rome, le 25 de mai 1783 et prêtre depuis la Trinité 1787 / manuscript, [after 1788]

écrite par lui-même en 1788 :

Performing Pedagogies and Exploring Embodied Knowledge

Performing Pedagogies was a week-long performance and exhibition series I organized that took place in Kingston, Ontario between March 15th - March 20th 2016. The motivation for this project came from a desire to explore performative modes of experiencing critical, embodied knowledge. The series featured five performances, a long distance collaboration between thirty-one Queen’s undergraduate students and a Vancouver artist-run free school (The School for Eventual Vacancy), a subsequent exhibition, a panel discussion, and a radical performance pedagogy workshop led by co-artistic director of the international performance art troupe, La Pocha Nostra. Artists featured included Golboo Amani, Basil AlZeri, Caitlin Chaisson, Justin Langlois, Saul Garcia-Lopez, Francisco-Fernando Granados, and Andrew Rabyniuk. By curating examples of performance art that variously incorporated embodied pedagogical interventions, I examined the processes of performance as pedagogy. Performing Pedagogies explored interventions into contemporary contours of neoliberal education paradigms through embodied encounters—fostering conversations about the meanings and limitations of knowledge dissemination and education today and posing questions about possibilities for radical pedagogies, embodied knowledge, and counter curricula.

Performing Pedagogies and Exploring Embodied Knowledge as Curatorial Investigation

Performing Pedagogies was a week-long performance and exhibition series I organized that took place in Kingston, Ontario between March 15th - March 20th 2016. The motivation for this project came from a desire to explore performative modes of experiencing critical, embodied knowledge. The series featured five performances, a long distance collaboration between thirty-one Queen’s undergraduate students and a Vancouver artist-run free school (The School for Eventual Vacancy), a subsequent exhibition, a panel discussion, and a radical performance pedagogy workshop led by co-artistic director of the international performance art troupe, La Pocha Nostra. Artists featured included Golboo Amani, Basil AlZeri, Caitlin Chaisson, Justin Langlois, Saul Garcia-Lopez, Francisco-Fernando Granados, and Andrew Rabyniuk. By curating examples of performance art that variously incorporated embodied pedagogical interventions, I examined the processes of performance as pedagogy. Performing Pedagogies explored interventions into contemporary contours of neoliberal education paradigms through embodied encounters—fostering conversations about the meanings and limitations of knowledge dissemination and education today and posing questions about possibilities for radical pedagogies, embodied knowledge, and counter curricula.

Special Education and the Risk of Becoming Less Educated in Germany and the United States. CES Germany & Europe Working Papers, No. 05.1, 13 December, 2004

Over the twentieth century, a growing group of students has been transferred into considerably expanded special education systems. These programs serve children with diagnosed impairments and disabilities and students with a variety of learning difficulties. Children and youth “with special educational needs” constitute a heterogeneous group with social, ethnic, linguistic, and physical disadvantages. An increasingly large percentage of those students at risk of leaving school without credentials participate in special education, a highly legitimated low status (and stigmatizing) school form. While most countries commit themselves to school integration or inclusive education to replace segregated schools and separate classes, cross-national and regional comparisons of special education’s diverse student bodies show considerable disparities in their (1) rates of classification, (2) provided learning opportunities, and (3) educational attainments. Analyzing special education demographics and organizational structures indicates which children and youth are most likely to grow up less educated and how educational systems distribute educational success and failure. Findings from a German-American comparison show that which students bear the greatest risk of becoming less educated depends largely on definitions of “special educational needs” and the institutionalization of special education systems.

Identification of cyclins A1, E1 and vimentin as downstream targets of heme oxygenase-1 in vascular endothelial growth factor-mediated angiogenesis

Angiogenesis is an essential physiological process and an important factor in disease pathogenesis. However, its exploitation as a clinical target has achieved limited success and novel molecular targets are required. Although heme oxygenase-1 (HO-1) acts downstream of vascular endothelial growth factor (VEGF) to modulate angiogenesis, knowledge of the mechanisms involved remains limited. We set out identify novel HO-1 targets involved in angiogenesis. HO-1 depletion attenuated VEGF-induced human endothelial cell (EC) proliferation and tube formation. The latter response suggested a role for HO-1 in EC migration, and indeed HO-1 siRNA negatively affected directional migration of EC towards VEGF; a phenotype reversed by HO-1 over-expression. EC from Hmox1(-/-) mice behaved similarly. Microarray analysis of HO-1-depleted and control EC exposed to VEGF identified cyclins A1 and E1 as HO-1 targets. Migrating HO-1-deficient EC showed increased p27, reduced cyclin A1 and attenuated cyclin-dependent kinase 2 activity. In vivo, cyclin A1 siRNA inhibited VEGF-driven angiogenesis, a response reversed by Ad-HO-1. Proteomics identified structural protein vimentin as an additional VEGF-HO-1 target. HO-1 depletion inhibited VEGF-induced calpain activity and vimentin cleavage, while vimentin silencing attenuated HO-1-driven proliferation. Thus, vimentin and cyclins A1 and E1 represent VEGF-activated HO-1-dependent targets important for VEGF-driven angiogenesis.

Maternal separation followed by isolation-housing differentially affects prepulse inhibition of the acoustic startle response in C57BL/6 mice

Exposure to chronic stress is associated with an increased incidence of neuropsychiatric dysfunction. The current study evaluated two competing hypotheses, the cumulative stress and the match/mismatch hypothesis of neuropsychiatric dysfunction, using two paradigms relating to exposure to “stress”: pre-weaning maternal separation and post-weaning isolation-housing. C57BL/6 offspring were reared under four conditions: typical animal facility rearing (AFR, control), early handling (EH, daily 15 min separation from dam), maternal separation (MS, daily 4 hr separation from dam), and maternal and peer separation (MPS, daily 4 hr separation from dam and from littermates). After weaning, mice were either housed socially (2–3/cage) or in isolation (1/cage) and then tested for prepulse inhibition in adulthood. Isolation-housed MPS subjects displayed greater deficits in prepulse inhibition relative to socially-housed MPS subjects while socially-housed AFR subjects displayed greater deficits in prepulse inhibition relative to isolation-housed AFR subjects. The results indicate that these treatment conditions represent a potentially valuable model for evaluating the match/mismatch hypothesis in regards to neuropsychiatric dysfunction.

Maps (pdf) and raster images (tif) of predicted rural land cover suitability under current (2010) conditions and future climate scenarios

This study projects land cover probabilities under climate change for corn (maize), soybeans, spring and winter wheat, winter wheat-soybean double cropping, cotton, grassland and forest across 16 central U.S. states at a high spatial resolution, while also taking into account the influence of soil characteristics and topography. The scenarios span three oceanic-atmospheric global circulation models, three Representative Concentration Pathways, and three time periods (2040, 2070, 2100). As climate change intensifies, the suitable area for all six crops display large northward shifts. Total suitable area for spring wheat, followed by corn and soybeans, diminish. Suitable area for winter wheat and for winter wheat-soybean double-cropping expand northward, while cotton suitability migrates to new, more northerly, locations. Suitability for forest intensifies in the south while yielding to crops in the north; grassland intensifies in the western Great Plains as crop suitability diminishes. To maintain current broad geographic patterns of land use, large changes in the thermal response of crops such as corn would be required. A transition from corn-soybean to winter wheat-soybean doubling cropping is an alternative adaptation.

1990 University of Michigan Football Team