Courts and the executive in wartime: A comparative study of the American and British approaches to the internment of citizens during World War II and their lessons for today

This Article compares and contrasts the legal and political treatment of the detention of citizens during World War II in Great Britain and the United States. Specifically, it explores the detentions as they unfolded, the very different positions that President Franklin D. Roosevelt and Prime Minister Winston Churchill took with respect to the detention of citizens, and the manner in which British and American courts reviewed challenges brought by those detained during the war. Comparing the experiences of the two countries reveals that in both cases the courts deferred extensively to the political branches when it came to reviewing challenges to the wartime detention policies, essentially staking out roles that left them largely relegated to the sidelines of public debates over the propriety of internment policies. A comparison of the British and American experiences also reveals that, as the war continued, the two chief executives struck decidedly different positions as to the wisdom and lawfulness of detention policies directed at citizens. In the United States, Roosevelt ignored the legal advice of many of his key advisers regarding the unconstitutionality of the detention of Japanese American citizens and-again against the advice of his advisers-later delayed the closing of the internment camps until after the 1944 election. By contrast, Churchill-who operated in a different legal context that granted him greater powers than his American counterpart-came to view such policies as inconsistent with British constitutional tradition and became a crucial voice urging the termination of such detentions. The Article then attempts to understand both why the two executives charted different courses on this issue as the war unfolded and whether there are any lessons to be drawn from these events with respect to how we should think about the separation of powers during wartime today. Focusing on the British experience during the war, Churchill's change of course suggests that the executive can and sometimes will take the lead in declaring and protecting a country's constitutional values without prodding by the courts, even in wartime, and even in the absence of legal compulsion. But as is explored in the pages that follow, the British experience may be a particularly British story and more generally one that differed in significant ways from the American story. This, in turn, calls into question just how much the British experience during the war should inform debates over the separation of powers in American constitutional law. The American experience during the war, moreover, proves a cautionary tale. Specifically, it reveals a series of failings on the part of the executive branch to acknowledge and engage with the facts on the ground and honor long-accepted constitutional traditions in formulating wartime policies. This example therefore suggests that the executive branch is ill equipped to self-regulate on this score in times of war. These failings in turn call into question the common practice of courts to defer extensively to the executive on matters of national security and more generally implicate fundamental questions about the judicial role in a constitutional democracy. Although grounded in events that took place over seven decades ago, this study is undertaken for a very timely purpose. Once again, we live in a time in which the executive branch has argued that its decisions ostensibly predicated upon heightened concerns about national security should receive extensive, if not complete, deference from the Supreme Court. In addressing such arguments now and in the future, the Court would be wise to remember how judicial deference to executive branch assertions on matters of national security played out during World War II

Scintillator-based ion beam profiler for diagnosing laser-accelerated ion beams

Next generation intense, short-pulse laser facilities require new high repetition rate diagnostics for the detection of ionizing radiation. We have designed a new scintillator-based ion beam profiler capable of measuring the ion beam transverse profile for a number of discrete energy ranges. The optical response and emission characteristics of four common plastic scintillators has been investigated for a range of proton energies and fluxes. The scintillator light output (for 1 MeV > Ep < 28 MeV) was found to have a non-linear scaling with proton energy but a linear response to incident flux. Initial measurements with a prototype diagnostic have been successful, although further calibration work is required to characterize the total system response and limitations under the high flux, short pulse duration conditions of a typical high intensity laser-plasma interaction

Transcranial optogenetic mapping revealed longitudinal changes in motor maps of ipsi-lesional and contra-lesional cortex following mild traumatic brain injury

poster abstractAbstract: Victims of traumatic brain injury (TBI) suffer short- and long-term physical, cognitive, behavioral and emotional impairments that depend on the severity of the injury. Mechanical and cellular alterations in mild TBI can cause global change in inhibition and excitation on the neuronal network level even in the absence of histologically significant cell injury. To understand functional changes of the motor cortex following closed-head mTBI, we applied an optogenetic stimulation method to map motor cortex activity in channelrhodopsins 2 (ChR2) transgenic mice. A closed-head mTBI was performed via a cortical impact device and longitudinal optogenetic mapping of the forelimb areas of the ipsilateral and contralateral motor cortex were done at multiple time points post injury. Optogenetically evoked responses were recorded with electromyography (EMG) in the bicep brachii of the forelimb and with electroencephalography (EEG) in the brain. The mapping revealed immediate suppression of EMG response of the injured ipsilateral motor cortex post mTBI, which was then followed by an enhanced response. The maps also showed a marked increased in the number of responsive spots in the contralateral motor cortex within the first 12 hours. In addition, rotarod behavioral test show a decrease in motor response within first two days after mTBI follows by recovery. In vitro calcium imaging of GCaMP6 cortical slice showed a decrease in intracellular calcium signal at 2 hours post in injury. These data suggest that excitable cortical neurons exhibit short-term impairment locally (epsilateral) as a result of the injury while long-term contralateral hyperexcitability may act as a functional compensatory mechanism. Our data suggests optogenetic mapping of the motor cortex is a valuable technique for longitudinal study of brain functions following mTBI, and that it revealed post-injury hyperexcitability may play an adaptive role in modifying the functional organization of the cortex in response to the short-term activity lost. These longitudinal sequelae may underlie posttraumatic neurological deficits and brain functional recovery

Unravelling contamination signals in biogenic silica oxygen isotope composition: the role of major and trace element geochemistry

The oxygen isotope composition of diatom silica (delta O-18(diatom)) provides valuable information for palaeoclimate studies where carbonate proxies are either rare or absent in many lakes and ocean sediments. Unfortunately, mineral and rock fragments found alongside diatoms in most sediments can be problematic as the method used will liberate oxygen from all components within the sediment, producing both high-frequency noise and low-frequency excursions that can resemble climate signals. Removal of mineral contamination to date has largely relied upon the combination of chemical leaching and physical separation techniques (e.g. sieving, density). This combination can be inefficient and often significant proportions of contaminants are present in the 'purified' diatom sample. Using electron optical imaging and whole-rock geochemistry on previously 'purified' diatom samples, a mass balance approach has been developed whereby the types and proportions of residual contaminants are identified. By integrating this information with measured oxygen isotope ratios of the contaminants, it is then possible to remove contamination effects from the delta O-18(diatom) record. Contamination effects relating to carbonates, tephra and silt are modelled for cores from Lake Tilo (Ethiopia) and Lake Baikal (Siberia). In both lakes the new modelled delta O-18(diatom) curves show less high-frequency noise, thus enabling better resolution of low-frequency climate signals. (c) Natural Environment Research Council (NERC) copyright 2008. Reproduced with the permission of NERC. Published by John Wiley & Sons Ltd

Counting Photobleach Steps and the Dynamics of Bacterial Predators

poster abstractPhotobleach (PB) counting is used to enumerate proteins by monitoring how the light intensity in some regions decreases by quanta as individual fluorophores photobleach. While it is straightforward in theory, PB counting is often difficult because fluorescence traces are noisy. In this work, we quantify the sources of noise that arise during photobleach counting to construct a principled likelihood function of observing the data given a model. Noise in the signal could arise from background fluorescence, variable fluorophore emission, and fluorophore blinking. In addition, in a completely different direction, we explore the role of hydrodynamic interactions on the dynamics of bacterial predators. Our study shows that Bdellovibrio (BV) - a model predatory bacterium - is susceptible to self-generated hydrodynamic forces. Near surfaces and defects, these hydrodynamic interactions co-localize BV with its prey, and this may enhance BV’s hunting efficiency

The geography of recent genetic ancestry across Europe

The recent genealogical history of human populations is a complex mosaic formed by individual migration, large-scale population movements, and other demographic events. Population genomics datasets can provide a window into this recent history, as rare traces of recent shared genetic ancestry are detectable due to long segments of shared genomic material. We make use of genomic data for 2,257 Europeans (the POPRES dataset) to conduct one of the first surveys of recent genealogical ancestry over the past three thousand years at a continental scale. We detected 1.9 million shared genomic segments, and used the lengths of these to infer the distribution of shared ancestors across time and geography. We find that a pair of modern Europeans living in neighboring populations share around 10-50 genetic common ancestors from the last 1500 years, and upwards of 500 genetic ancestors from the previous 1000 years. These numbers drop off exponentially with geographic distance, but since genetic ancestry is rare, individuals from opposite ends of Europe are still expected to share millions of common genealogical ancestors over the last 1000 years. There is substantial regional variation in the number of shared genetic ancestors: especially high numbers of common ancestors between many eastern populations likely date to the Slavic and/or Hunnic expansions, while much lower levels of common ancestry in the Italian and Iberian peninsulas may indicate weaker demographic effects of Germanic expansions into these areas and/or more stably structured populations. Recent shared ancestry in modern Europeans is ubiquitous, and clearly shows the impact of both small-scale migration and large historical events. Population genomic datasets have considerable power to uncover recent demographic history, and will allow a much fuller picture of the close genealogical kinship of individuals across the world.Comment: Full size figures available from http://www.eve.ucdavis.edu/~plralph/research.html; or html version at http://ralphlab.usc.edu/ibd/ibd-paper/ibd-writeup.xhtm