Law and Nonlegal Norms in Government Lawyers\u27 Ethics: Discretion Meets Legitimacy

This Essay is about the role of unwritten norms in the ethical decisionmaking of government lawyers. Because the ethical obligations of lawyers, including government lawyers, are closely tied to the legal rights and obligations of clients, this analysis necessarily depends on understanding the relationship between written law and unwritten norms. As we all know, however, written law leaves gaps, ambiguities, and zones of unregulated discretion. Prosecutors in the United States, for example, have virtually unreviewable discretion to decide who to investigate and charge, what charges to bring, and whether to offer immunity in exchange for cooperation. No one has a legal entitlement not to be prosecuted, nor does anyone else—official or private citizen—have the power to compel a prosecutor to bring charges. The president possesses nearly unconstrained discretion to grant clemency to people convicted of criminal offenses. The impeachment power of Congress is constrained only by the Constitution’s requirement that the president be charged with certain enumerated offenses, including the open-ended phrase “high Crimes and Misdemeanors.” In other areas, a government official may possess the legal authority to do something but may nevertheless be criticized for exercising that authority contrary to standards that are not reducible to positive law. The question is, what standards, norms, or ethical values, if any, constrain the actions of lawyers advising government officials who exercise their power within discretionary unwritten areas of the law? In other words, is there a type of official discretion that is distinguishable from the exercise of raw power or whimsical decision-making, despite being unconstrained by positive law? If so, what is its relationship to positive law and its claim to legitimate authority

Generalized difference sequence spaces associated with a multiplier sequence on a real n-normed space

The purpose of this paper is to introduce new sequence spaces associated with a multiplier sequence by using an infinite matrix, an Orlicz function and a generalized B-difference operator on a real n-normed space. Some topological properties of these spaces are examined. We also define a new concept, which will be called (B-Lambda(mu))(n)-statistical A-convergence, and establish some inclusion connections between the sequence space W(A, B-Lambda(mu), p, parallel to., ... , .parallel to) and the set of all (B-Lambda(mu))(n)-statistically A-convergent sequences

Slip distribution of the 2017 M(w)6.6 Bodrum-Kos earthquake: resolving the ambiguity of fault geometry

SUMMARY The 2017 July 20, Mw6.6 Bodrum–Kos earthquake occurred in the Gulf of Gökova in the SE Aegean, a region characterized by N–S extension in the backarc of the easternmost Hellenic Trench. The dip direction of the fault that ruptured during the earthquake has been a matter of controversy where both north- and south-dipping fault planes were used to model the coseismic slip in previous studies. Here, we use seismic (seismicity, main shock modelling, aftershock relocations and aftershock mechanisms using regional body and surface waves), geodetic (GPS, InSAR) and structural observations to estimate the location, and the dip direction of the fault that ruptured during the 2017 earthquake, and the relationship of this event to regional tectonics. We consider both dip directions and systematically search for the best-fitting locations for the north- and south-dipping fault planes. Comparing the best-fitting planes for both dip directions in terms of their misfit to the geodetic data, proximity to the hypocenter location and Coulomb stress changes at the aftershock locations, we conclude that the 2017 earthquake ruptured a north-dipping fault. We find that the earthquake occurred on a 20–25 km long, ∼E–W striking, 40° north-dipping, pure normal fault with slip primarily confined between 3 and 15 km depth, and the largest slip exceeding 2 m between depths of 4 and 10 km. The coseismic fault, not mapped previously, projects to the surface within the western Gulf, and partly serves both to widen the Gulf and separate Kos Island from the Bodrum Peninsula of SW Anatolia. The coseismic fault may be an extension of a mapped, north-dipping normal fault along the south side of the Gulf of Gökova. While all of the larger aftershocks are consistent with N–S extension, their spatially dispersed pattern attests to the high degree of crustal fracturing within the basin, due to rapid trenchward extension and anticlockwise rotation within the southeastern Aegean

An overview of platelet indices for evaluating platelet function in children with scorpion envenomation

The aim of this study was to assess the correlation between platelet indices and scorpion envenomations (SE). Medical records of 76 children who were hospitalised for scorpion stings in the paediatric intensive care unit (PICU) between February 2013 and November 2013, and 55 healthy children who were similar to the patient group in terms of age and sex, were analysed retrospectively. The leucocyte (WBC), thrombocyte (PLT), plateletcrit (PCT), platelet distribution width (PDW) and mean platelet volume (MPV) values of the 76 children with SE were recorded. These values were compared with the healthy control group. Significantly higher WBC and PDW values were noted in patients with SE in comparison to the controls. Patients with SE had significantly lower mean MPV values compared to the healthy controls (9.03 ± 1.26 compared to 10.43 ± 1.44 fL, respectively; p < 0.001). Although the mean platelet count was slightly elevated in the SE group, no statistically significant difference existed between the two groups (p = 0.097). Furthermore, the mean PCT values in the SE group compared to the control group were slightly decreased, but this decrease was not statistically significant (p = 0.141). A significant inverse correlation existed between the MPV values and the WBC (r = -0.450, p < 0.01) and PLT counts (r = -0.420, p < 0.01). The PLT values were significantly correlated with the PCT values (r = 0.687, p < 0.01). This study demonstrated that SE may lead to several alterations in platelet indices. Significantly lower values of MPV and higher values of PDW were detected in SE patients. However, the increase in the platelet counts and the decrease in the PCT values were not significant

Rupture Process of the 1999 M_w 7.1 Duzce Earthquake from Joint Analysis of SPOT, GPS, InSAR, Strong-Motion, and Teleseismic Data: A Supershear Rupture with Variable Rupture Velocity

We analyze the rupture process of the 1999 M_w 7.1 Duzce earthquake using seismological, remote sensing, and geodetic data. Ground deformation measured from the subpixel cross correlation of Satellite Pour l'Observation de la Terre (SPOT) images reveals a 55 km long fault trace and smooth surface-slip distribution peaking at 3.5–4 m. The westernmost segment overlaps for over 10 km with ruptures from the M_w 7.4 Izmit earthquake. The 15 km long easternmost segment, which cuts across mountainous topography, had not been reported previously. We determine a well-constrained source model using a four-segment fault geometry using constraints on surface fault slip and inverting Global Positioning System and Interferometric Synthetic Aperture Radar data along with strong-motion records. Our results show that some variability of the rupture velocity and an eastward supershear velocity are required to fit the strong-motion data. The rise time, up to 6 sec, correlates with cumulative slip, suggesting a sliding velocity of about 1 m/sec. The source model predicts teleseismic waveforms well, although early by 2 sec. This time shift is probably due to the weak beginning of the earthquake that is not observable at teleseismic distances. Strong-motion records are relatively well predicted from a source model derived from the teleseismic data using the fault geometry derived from the satellite images. This study demonstrates the benefit of using accurate fault geometries to determine finite-fault source models

Rupture Kinematics of the 2005 M_w 8.6 Nias–Simeulue Earthquake from the Joint Inversion of Seismic and Geodetic Data

The 2005 M_w 8.6 Nias–Simeulue earthquake was caused by rupture of a portion of the Sunda megathrust offshore northern Sumatra. This event occurred within an array of continuous Global Positioning System (GPS) stations and produced measurable vertical displacement of the fringing coral reefs above the fault rupture. Thus, this earthquake provides a unique opportunity to assess the source characteristics of a megathrust event from the joint analysis of seismic data and near-field static co-seismic displacements. Based on the excitation of the normal mode data and geodetic data we put relatively tight constraints on the seismic moment and the fault dip, where the dip is determined to be 8° to 10° with corresponding moments of 1.24 x 10^(22) to 1.00 x 10^(22) N m, respectively. The geodetic constraints on slip distribution help to eliminate the trade-off between rupture velocity and slip kinematics. Source models obtained from the inversion of various combinations of the teleseismic body waves and geodetic data are evaluated by comparing predicted and observed long-period seismic waveforms (100–500 sec). Our results indicate a relatively slow average rupture velocity of 1.5 to 2.5 km/sec and long average rise time of up to 20 sec. The earthquake nucleated between two separate slip patches, one beneath Nias and the other beneath Simeulue Island. The gap between the two patches and the hypocentral location appears to be coincident with a local geological disruption of the forearc. Coseismic slip clearly tapers to zero before it reaches the trench probably because the rupture propagation was inhibited when it reached the accretionary prism. Using the models from joint inversions, we estimate the peak ground velocity on Nias Island to be about 30 cm/sec, an order of magnitude slower than for thrust events in continental areas. This study emphasizes the importance of utilizing multiple datasets in imaging seismic ruptures

Source model of the 2007 M_w 8.0 Pisco, Peru earthquake: Implications for seismogenic behavior of subduction megathrusts

We use Interferometric Synthetic Aperture Radar, teleseismic body waves, tsunami waveforms recorded by tsunameters, field observations of coastal uplift, subsidence, and runup to develop and test a refined model of the spatiotemporal history of slip during the M_w 8.0 Pisco earthquake of 15 August 2007. Our preferred solution shows two distinct patches of high slip. One patch is located near the epicenter while another larger patch ruptured 60 km further south, at the latitude of the Paracas peninsula. Slip on the second patch started 60 s after slip initiated on the first patch. We observed a remarkable anticorrelation between the coseismic slip distribution and the aftershock distribution determined from the Peruvian seismic network. The proposed source model is compatible with regional runup measurements and open ocean tsunami records. From the latter data set, we identified the 12 min timing error of the tsunami forecast system as being due to a mislocation of the source, caused by the use of only one tsunameter located in a nonoptimal azimuth. The comparison of our source model with the tsunami observations validate that the rupture did not extend to the trench and confirms that the Pisco event is not a tsunami earthquake despite its low apparent rupture velocity (<1.5 km/s). We favor the interpretation that the earthquake consists of two subevents, each with a conventional rupture velocity (2–4 km/s). The delay between the two subevents might reflect the time for the second shock to nucleate or, alternatively, the time it took for afterslip to increase the stress level on the second asperity to a level necessary for static triggering. The source model predicts uplift offshore and subsidence on land with the pivot line following closely the coastline. This pattern is consistent with our observation of very small vertical displacement along the shoreline when we visited the epicentral area in the days following the event. This earthquake represents, to our knowledge, one of the best examples of a link between the geomorphology of the coastline and the pattern of surface deformation induced by large interplate ruptures

Some sequence spaces defined in n - normed spaces

06.03.2018 tarihli ve 30352 sayılı Resmi Gazetede yayımlanan “Yükseköğretim Kanunu İle Bazı Kanun Ve Kanun Hükmünde Kararnamelerde Değişiklik Yapılması Hakkında Kanun” ile 18.06.2018 tarihli “Lisansüstü Tezlerin Elektronik Ortamda Toplanması, Düzenlenmesi ve Erişime Açılmasına İlişkin Yönerge” gereğince tam metin erişime açılmıştır.Bu tez çalışması beş bölümden oluşmaktadır. Birinci bölümde, bazı temel tanım ve teoremler verildi. İkinci bölümde, 2-norm ve n-norm kavramları ile ilgili bazı temel tanım ve teoremler verildi. İkinci bölümün bir kısmı, üçüncü bölüm ve dördüncü bölümler bu tezin orijinal kısmını oluşturmaktadır. Üçüncü bölümde 2-normlu uzaylarla ilgili kısımlar bulunurken üçüncü bölümde n-normlu uzaylarla ilgili çalışmalar yer almaktadır. Üçüncü bölümde, iki alt başlık yer almaktadır. Bu bölümün ilk kısmında, yeni bir genelleştirilmiş fark matrisi tanımlanarak 2-normlu uzayda bazı -fark istatistiksel yakınsak dizi uzayları tanıtıldı ve bazı topolojik özellikleri incelendi. Aynı bölümün ikinci kısmında ise, Riesz ortalama ile türetilen bazı yeni dizi uzayları tanıtıldı. Ayrıca, ağırlıklı hemen hemen istatistiksel yakınsaklık ve -istatistiksel yakınsaklık kavramları tanıtılarak bu kavramlar arasındaki ilişki incelendi. Dördüncü bölümün ilk kısmında, Lacunary dizisi ve Riesz ortalaması tanımları birleştirilerek n-normlu uzayda ağırlıklı hemen hemen lacunary istatistiksel yakınsaklık olarak adlandırılan yeni bir kavram tanıtıldı. Bu yeni kavramla hemen hemen lacunary istatistiksel yakınsaklık ve ağırlıklı hemen hemen istatiksel yakınsaklık arasındaki ilişki incelendi. Dördüncü bölümün ikinci kısmında, bir sonsuz matris, Orlicz fonksiyonu ve genelleştirilmiş B-fark matrisi kullanılarak bazı dizi uzayları tanıtıldı. Son kısmında ise reel lineer n-normlu uzayında Orlicz fonksiyonu yardımıyla, lacunary dizisi içeren bazı dizi uzayları tanıtılarak bu dizi uzaylarının bazı topolojik özellikleri incelendi. Son bölümde ise elde edilen temel sonuçlar özetlendi.This thesis contains five chapters. In the first chapter, some basic definitions and theorems are given. In the second chapter, some fundamental definitions and theorems related to the concepts of 2-normed space and n-normed space, are given. A part of the second chapter, the third and fourth chapters are original parts of this study. The third chapter is related to the concept of 2-normed space while the studies related with n-normed space are located in the fourth chapter. The third chapter consists of two parts. In the first part of this chapter, a new generalized difference matrix is defined and some -difference statistically convergent sequence spaces in 2-normed space are introduced. In the second part of it, some new sequence spaces derived by Riesz mean are introduced. Further, new concepts of statistical convergence which will be called weighted almost statistical convergence, -statistical convergence in 2-normed space, are defined and some relations between them are investigated. There are three parts in the fourth chapter. In the first part of it, we obtain a new concept of statistical convergence which will be called weighted almost lacunary statistical convergence in n-normed space by combining both of the definitions of lacunary sequence and Riesz mean. We examine some connections between this notion with the concept of almost lacunary statistical convergence and weighted almost statistical convergence, where the base space is a real n-normed space. In the second part of this chapter, some new sequence spaces associated with multiplier sequence by using an infinite matrix, an Orlicz function and generalized -difference operator on a real n-normed space are introduced. In the last part of it, some sequence spaces, involving lacunary sequence, in a real linear n-normed space are introduced. In the last section of this thesis, the main results, which were obtained, are summarized