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.

High speed imaging and algorithms for non invasive vibrations measurement

Comunicación presentada en EVACES 2011, 4th International Conference on Experimental Vibration Analysis for Civil Engineering Structures, Varenna (Lecco), Italy, October 3-5, 2011.

High speed image techniques for construction safety net monitoring in outdoor conditions

Póster presentado en SPIE Photonics Europe, Brussels, 16-19 April 2012.

Maximal oxygen consumption in national elite triathletes that train in high altitude

Triathlon is considered an endurance sport composed by the individual disciplines of swimming, cycling and running which are generally completed in this sequential order. It has been suggested that triathlon performance can be predicted by maximal oxygen uptake (VO2max). However, it has also been suggested that some variables such age, gender, fitness, training and ventilator muscles may affect VO2max. It is the aim of this research to measure and analyze the VO2max of 6 national elite triathletes and one national juvenile triathlete, with long experience, training in a high altitude city (1650m). We compare VO2max for female and male groups. We found differences at the VO2max values for these groups. Additionally, we also found high values of VO2max for these young elite triathletes despite their relative short age, but long sport age.

Relaciones implicativas entre las estrategias empleadas en la resolución de situaciones lineales y no lineales

Este estudio analiza las relaciones implicativas entre las estrategias usadas por 136 estudiantes de primer curso de educación secundaria en la resolución de problemas lineales y no lineales. En primer lugar, se describen las estrategias ocupadas por los alumnos y después, empleando el software CHIC, se identifican sus relaciones implicativas. Los resultados muestran que es importante que los estudiantes comprendan la idea de razón para que sean capaces de identificar las situaciones lineales; de igual manera, aportan información sobre los posibles precursores del desarrollo del razonamiento proporcional en los estudiantes de educación secundaria.

The masses of the neutron and donor star in the high-mass X-ray binary IGR J18027-2016

Aims. We report near-infrared observations of the supergiant donor to the eclipsing high mass X-ray binary pulsar IGR J18027-2016. We aim to determine its spectral type and measure its radial velocity curve and hence determine the stellar masses of the components. Methods. ESO/VLT observations of the donor utilising the NIR spectrograph ISAAC were obtained in the H and K bands. The multi-epoch H band spectra were cross-correlated with RV templates in order to determine a radial solution for the system. Results. The spectral type of the donor was confirmed as B0-1 I. The radial velocity curve constructed has a semi-amplitude of 23.8 ± 3.1 km s-1. Combined with other measured system parameters, a dynamically determined neutron star mass of 1.4  ±  0.2–1.6  ±  0.3 M⊙ is found. The mass range of the B0-B1 I donor was 18.6  ±  0.8–21.8  ±  2.4 M⊙. These lower and upper limits were obtained under the assumption that the system is viewed edge-on (i = 90° with β = 0.89) for the lower limit and the donor fills its Roche lobe (β = 1 with i = 73.1°) for the upper limit respectively.

Impacts on particles and ozone by transport processes recorded at urban and high-altitude monitoring stations

In order to evaluate the influence of particle transport episodes on particle number concentration temporal trends at both urban and high-altitude (Aitana peak-1558 m a.s.l.) stations, a simultaneous sampling campaign from October 2011 to September 2012 was performed. The monitoring stations are located in southeastern Spain, close to the Mediterranean coast. The annual average value of particle concentration obtained in the larger accumulation mode (size range 0.25–1 μm) at the mountain site, 55.0 ± 3.0 cm− 3, was practically half that of the value obtained at the urban station (112.0 ± 4.0 cm− 3). The largest difference between both stations was recorded during December 2011 and January 2012, when particles at the mountain station registered the lowest values. It was observed that during urban stagnant episodes, particle transport from urban sites to the mountain station could take place under specific atmospheric conditions. During these transports, the major particle transfer is produced in the 0.5–2 μm size range. The minimum difference between stations was recorded in summer, particularly in July 2012, which is most likely due to several particle transport events that affected only the mountain station. The particle concentration in the coarse mode was very similar at both monitoring sites, with the biggest difference being recorded during the summer months, 0.4 ± 0.1 cm− 3 at the urban site and 0.9 ± 0.1 cm− 3 at the Aitana peak in August 2012. Saharan dust outbreaks were the main factor responsible for these values during summer time. The regional station was affected more by these outbreaks, recording values of > 4.0 cm− 3, than the urban site. This long-range particle transport from the Sahara desert also had an effect upon O3 levels measured at the mountain station. During periods affected by Saharan dust outbreaks, ozone levels underwent a significant decrease (3–17%) with respect to its mean value.

High-speed video-oculography applied to assess pupil light reflex

Póster presentado en el VII European/ I World Meeting in Visual and Physiological Optics

Forecasting Elections with High Volatility

This article uses data from the social survey Allbus 1998 to introduce a method of forecasting elections in a context of electoral volatility. The approach models the processes of change in electoral behaviour, exploring patterns in order to model the volatility expressed by voters. The forecast is based on the matrix of transition probabilities, following the logic of Markov chains. The power of the matrix, and the use of the mover-stayer model, is debated for alternative forecasts. As an example of high volatility, the model uses data from the German general election of 1998. The unification of two German states in 1990 caused the incorporation of around 15 million new voters from East Germany who had limited familiarity and no direct experience of the political culture in West Germany. Under these circumstances, voters were expected to show high volatility.

Wavefront-Guided Laser Treatment Using a High-Resolution Aberrometer to Measure Irregular Corneas: A Pilot Study

PURPOSE: To evaluate in a pilot study the visual, refractive, corneal topographic, and aberrometric changes after wavefront-guided LASIK or photorefractive keratectomy (PRK) using a high-resolution aberrometer to calculate the treatment for aberrated eyes. METHODS: Twenty aberrated eyes of 18 patients undergoing wavefront-guided LASIK or PRK using the VISX STARS4IR excimer laser and the iDesign aberrometer (Abbott Medical Optics, Inc., Santa Ana, CA) were enrolled in this prospective study. Three groups were differentiated: keratoconus post-CXL group including 11 keratoconic eyes (10 patients), post-LASIK group including 5 eyes (5 patients) with previous decentered LASIK treatments, and post-RK group including 4 eyes (3 patients) with previous radial keratotomy. Visual, refractive, contrast sensitivity, corneal topographic, and ocular aberrometric changes were evaluated during a 6-month follow-up. RESULTS: An improvement in uncorrected (UDVA) and corrected visual acuity (CDVA) associated with a reduction in the spherical equivalent was observed in the three groups, but was only statistically significant in the keratoconus post-CXL and post-LASIK groups (P ≤ .04). All eyes gained one or more lines of CDVA after surgery. Improvements in contrast sensitivity were observed in the three groups, but they were only statistically significant in the keratoconus post-CXL and post-LASIK groups (P ≤ .04). Regarding aberrations, a reduction was observed in trefoil aberrations in the keratoconus post-CXL group (P = .05) and significant reductions in higher-order and primary coma aberrations in the post-LASIK group (P = .04). CONCLUSIONS: Wavefront-guided laser enhancements using the evaluated platform seem to be safe and effective to restore the visual function in aberrated eyes.

Climate Conundrums at High Altitude. EU Diplomacy Paper 01/2014, January 2014

The European Union (EU) was the frontrunner for the establishment of the world’s first multinational emissions trading scheme (ETS). Committed to combating climate change, the EU sought to overcome the multilateral paralysis within the International Civil Aviation Organization (ICAO) to mitigate aviation emissions. Unsuccessful in pushing for a global market-based measure (MBM) within the organisation, the EU was ready for take-off to include the sector in the EU emissions trading system (EU ETS). The geographical scope, however, including all flights from and to Europe in their entire trajectory, caused frictions with the international community about sovereignty issues. Ultimately, Climate Commissioner Connie Hedegaard announced a ‘stop-the-clock’ for international flights, a temporary derogation until the 2013 ICAO Assembly in order to find a global agreement. The ’stop-the-clock’ initiative provides ample opportunity to analyse EU leadership in curbing aviation emissions based on an analytical framework specifying different types of leadership. Its shows the global challenge to the EU’s claim of structural leadership on various levels in and beyond ICAO. The paper aims to analyse to what extent the EU is a global leader in mitigating aviation emissions and to identify the kind of EU leadership according to a threefold analytical framework. In addition, it will factor in the 'stop-the-clock' initiative and to what extent it altered the perception of EU leadership in the field. The paper comes to the conclusion that EU leadership in mitigating aviation emissions is not stalling. On the contrary, the EU, by pursuing the extension of the EU ETS, has put aviation emissions on everybody’s radar – and thus showed idea-based leadership. Proving the scheme’s feasibility further underlined EU leadership, in the form of directional leadership. The 'stop-the-clock' decision, however, already indicated what was later on confirmed in the 38th ICAO Assembly: Unilateral structural leadership of the EU in the field of aviation emissions is not credible at the moment.

Western Strategic Poverty: The Ukrainian Crisis and the New World Order. Jean Monnet/Robert Schuman Paper Series Vol. 14 Special Issue, March 2014

From Introduction. The Ukrainian crisis, which deepened in February with the invasion of the Crimean peninsula by Russia, has exposed a serious poverty of strategy and leadership from Europe and the US. Such a lack of strategic vision in responding to the Ukrainian crisis, considered by Nicholas Burns among others, as one of the greatest crises in Europe since 1991, diverges between the European Union and the US. It is undeniable that the western leadership is unable to get its act together. In the US, the perpetual fratricide between the republicans and democrats over anything is affecting the development and implementation of sound foreign policies, while in the EU, there is no clear European leadership emerging, neither from the 28 Member States nor the High Representative and Presidents of the Council and Commission. The EU is once again facing its perpetual policy of risk aversion. On the one hand, the US remains conflicted in identifying its identity in this post-liberal world order, while the EU difficulty faces the inevitable limitation of its soft power. With a West in crisis, no decent strategy and/or policy to unravel, or at least contain, the Ukrainian crisis can emerge in this axiomatic moment with the making of the new world order.

10Be records of sediment cores from high northern latitudes

The 10Be records of four sediment cores forming a transect from the Norwegian Sea at 70°N (core 23059) via the Fram Strait (core 23235) to the Arctic Ocean at 86°N (cores 1533 and 1524) were measured at a high depth resolution. Although the material in all the cores was controlled by different sedimentological regimes, the 10Be records of these cores were superimposed by glacial/interglacial changes in the sedimentary environment. Core sections with high 10Be concentrations ( >1 * 10**9 at/g) are related to interglacial stages and core sections with low10Be concentrations ( <0.5 * 10**9 at/g) are related to glacial stages. Climatic transitions (e.g., Termination II, 5/6) are marked by drastic changes in the 10Be concentrations of up to one order of magnitude. The average 10Be concentrations for each climatic stage show an inverse relationship to their corresponding sedimentation rates, indicating that the 10Be records are the result of dilution with more or less terrigenous ice-rafted material. However, there are strong changes in the 10Be fluxes (e.g., Termination II) into the sediments which may also account for the observed oscillations. Most likely, both processes affected the 10Be records equally, amplifying the contrast between lower (glacials) and higher (interglacials) 10Be concentrations. The sharp contrast of high and low 10Be concentrations at climatic stage boundaries are an independent proxy for climatic and sedimentary change in the Nordic Seas and can be applied for stratigraphic dating (10Be stratigraphy) of sediment cores from the northern North Atlantic and the Arctic Ocean.

High resolution geochemical analyses of ODP Leg 119 samples

Higher resolution pore-water samples were recovered at intervals of 0.3 to 3 m from selected cores during Leg 119 in order to identify zones where active geochemical reactions were occurring. In addition to shipboard measurements, solid- and dissolved-phase samples were analyzed at my shore-based laboratory. Solid-phase samples were analyzed for redox conditions, carbon, total metals, and leachable metals. Pore-water samples were analyzed for ammonia, silica, sulfate, and major cations. Data are presented in tables for 400 samples from Site 739 in Prydz Bay, East Antarctica, and Sites 736, 737, 738, 744, 745, and 746 at the Kerguelen Ridge, South Indian Ocean.

SHRIMP U-Pb dating of high-grade migmatites and related magmatites from Northwestern Oates Land, East Antarctica

High- to very-high-grade migmatitic basement rocks of the Wilson Hills area in northwestern Oates Land (Antarctica) form part of a low-pressure high-temperature belt located at the western inboard side of the Ross-orogenic Wilson Terrane. Zircon, and in part monazite, from four very-high grade migmatites (migmatitic gneisses to diatexites) and zircon from two undeformed granitic dykes from a central granulite-facies zone of the basement complex were dated by the SHRIMP U-Pb method in order to constrain the timing of metamorphic and related igneous processes and to identify possible age inheritance. Monazite from two migmatites yielded within error identical ages of 499 +/- 10 Ma and 493 +/- 9 Ma. Coexisting zircon gave ages of 500 +/- 4 Ma and 484 +/- 5 Ma for a metatexite (two age populations) and 475 +/- 4 Ma for a diatexite. Zircon populations from a migmatitic gneiss and a posttectonic granitic dyke yielded well-defined ages of 488 +/- 6 Ma and 482 +/- 4 Ma, respectively. There is only minor evidence of age inheritance in zircons of these four samples. Zircon from two other samples (metatexite, posttectonic granitic dyke) gave scattered 206Pb-238U ages. While there is a component similar in age and in low Th/U ratio to those of the other samples, inherited components with ages up to c. 3 Ga predominate. In the metatexite, a major detrital contribution from 545 - 680 Ma old source rocks can be identified. The new age data support the model that granulite- to high-amphibolite-facies metamorphism and related igneous processes in basement rocks of northwestern Oates Land were confined to a relatively short period of time of Late Cambrian to early Ordovican age. An age of approximately 500 Ma is estimated for the Ross-orogenic granulite-facies metamorphism from consistent ages of monazite from two migmatites and of the older zircon age population in one metatexite. The variably younger zircon ages are interpreted to reflect mineral formation in the course of the post-granulite-facies metamorphic evolution, which led to a widespread high-amphibolite-facies retrogression and in part late-stage formation of ms+bi assemblages in the basement rocks and which lasted until about 465 Ma. The presence of inherited zircon components of latest Neoproterozoic to Cambrian age indicates that the high- to very-grade migmatitic basement in northwestern Oates Land originated from clastic series of Cambrian age and, therefore, may well represent the deeper-crustal equivalent of lower-grade metasedimentary series of the Wilson Terrane.