Brief Response to Attorney Albright\u27s Article

This article is a brief response to another article arguing that the words “under God” do not render the Pledge of Allegiance unconstitutional. Attorney D. Chris Allbright’s provocative plea that the phrase “under God” in the Pledge of Allegiance is insufficiently religious to offend contemporary Establishment Clause principles rests on three wobbly premises: (1) a limited perspective of some of the Framers, one which the Supreme Court rightly has eschewed; (2) Supreme Court dicta reflecting at best certain justices’ cursory suppositions about the religiosity of the words “under God;” and, (3) the wholly irrelevant, and possibly inaccurate argument that the words “under God” have had scant influence on schoolchildren

Is Including Under God in The Pledge of Allegiance Lawful?: An Impeccably Correct Ruling

On June 26, 2002, in Newdow v. U.S. Congress, a divided panel of the United States Court of Appeals for the Ninth Circuit held that the 1954 Congressional amendment adding the words “under God” to the Pledge of Allegiance violated the First Amendment’s proscription that, “Congress shall make not law respecting an establishment of religion.” Because the First Amendment’s Establishment Clause applies to the States via the due process clause of the Fourteenth Amendment, the Ninth Circuit likewise found unlawful a California school district’s policy encouraging public school students to utter the words “under God” as part of teacher-led daily recitals of the Pledge. Eight months later, the still divided Ninth Circuit panel issued an amended opinion reaffirming its ruling that the school district’s policy coerces students to perform a “religious act” in contravention of the Establishment Clause. However, holding that it had exceeded the legal analysis necessary to review the lawfulness of the policy, the Newdow Court vacated its determination that the words “under God” in the Pledge are per se unconstitutional. This article urges that the original Newdow decision rightly understood that adding the words “under God” to the Pledge violates the Constitution’s anti-establishment principles. Accordingly, government policy encouraging public school students to avow via the Pledge that ours is a nation dependent on or ruled by God, likewise contravenes the First Amendment

Invalid Forensic Science Testimony and Wrongful Convictions

This is the first study to explore the forensic science testimony by prosecution experts in the trials of innocent persons, all convicted of serious crimes, who were later exonerated by post-conviction DNA testing. Trial transcripts were sought for all 156 exonerees identified as having trial testimony by forensic analysts, of which 137 were located and reviewed. These trials most commonly included testimony concerning serological analysis and microscopic hair comparison, but some included bite mark, shoe print, soil, fiber, and fingerprint comparisons, and several included DNA testing. This study found that in the bulk of these trials of innocent defendants - 82 cases or 60% - forensic analysts called by the prosecution provided invalid testimony at trial - that is, testimony with conclusions misstating empirical data or wholly unsupported by empirical data. This was not the testimony of a mere handful of analysts: this set of trials included invalid testimony by 72 forensic analysts called by the prosecution and employed by 52 laboratories, practices, or hospitals from 25 states. Unfortunately, the adversarial process largely failed to police this invalid testimony. Defense counsel rarely cross-examined analysts concerning invalid testimony and rarely obtained experts of their own. In the few cases in which invalid forensic science was challenged, judges seldom provided relief. This evidence supports efforts to create scientific oversight mechanisms for reviewing forensic testimony and to develop clear scientific standards for written reports and testimony. The scientific community can through an official government entity promulgate standards to ensure the valid presentation of forensic science in criminal cases and thus the integrity and fairness of the criminal process

Invalid Forensic Science Testimony and Wrongful Convictions

This is the first study to explore the forensic science testimony by prosecution experts in the trials of innocent persons, all convicted of serious crimes, who were later exonerated by post-conviction DNA testing. Trial transcripts were sought for all 156 exonerees identified as having trial testimony by forensic analysts, of which 137 were located and reviewed. These trials most commonly included testimony concerning serological analysis and microscopic hair comparison, but some included bite mark, shoe print, soil, fiber, and fingerprint comparisons, and several included DNA testing. This study found that in the bulk of these trials of innocent defendants - 82 cases or 60% - forensic analysts called by the prosecution provided invalid testimony at trial - that is, testimony with conclusions misstating empirical data or wholly unsupported by empirical data. This was not the testimony of a mere handful of analysts: this set of trials included invalid testimony by 72 forensic analysts called by the prosecution and employed by 52 laboratories, practices, or hospitals from 25 states. Unfortunately, the adversarial process largely failed to police this invalid testimony. Defense counsel rarely cross-examined analysts concerning invalid testimony and rarely obtained experts of their own. In the few cases in which invalid forensic science was challenged, judges seldom provided relief. This evidence supports efforts to create scientific oversight mechanisms for reviewing forensic testimony and to develop clear scientific standards for written reports and testimony. The scientific community can through an official government entity promulgate standards to ensure the valid presentation of forensic science in criminal cases and thus the integrity and fairness of the criminal process

Avoidance of Collapse by Circular Current-Carrying Cosmic String Loops

Earlier attempts to calculate the nonlinear dynamical evolution of Witten type superconducting vacuum vortex defects relied on the use of approximate conducting string models that were too simple to take proper account of the effect of current saturation. This effect is however allowed for adequately in a newly developed class of rather more complicated, though still conveniently analytic, conducting string models. These more realistic models have recently been employed by Larsen and Axenides for investigating the collapse of circular string loops in the case for which angular momentum is absent. The present work extends this investigation to the generic case of circular string loops for which angular momentum is present, so that there will be a centrifugal potential barrier. This barrier will prevent collapse unless the initial conditions are such that the relevant current saturation limit is attained, in which case the string description of the vortex defect will break down, so that its subsequent fate is hard to foresee. On the other hand if saturation is avoided one would expect that the loop will eventually radiate away its excess energy and settle down into a vorton type equilibrium state.Comment: 15 pp RevTeX plus 6 PostScript figure

Office of the Children’s Commissioner: 'Don't make assumptions': Children's and young people's views of the child protection system and messages for change

"The aim of this research, commissioned by the Office of the Children’s Commissioner and carried out by a team from the University of East Anglia, was to seek children and young people’s views of the child protection system and to consider how those views might contribute to improving responses to abuse and neglect. It aimed to gather the views of children and young people living with their parents, who all had a child protection plan in place. The research is timely as it comes during a period when the child protection system in England is being reviewed. We hope that the findings will be of interest to children and families involved in child protection, as well as to professionals working with children and to policy makers." - Page 7