Month: March 2024

Language Proficiency as a Matter of Law: Judicial Reasoning on Miranda Waivers by Speakers with Limited English Proficiency (LEP)

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Abstract

Judges wield enormous power in modern society and it is not surprising that scholars have long been interested in how judges think. The purpose of this article is to examine how US judges reason on language issues. To understand how courts decide on comprehension of constitutional rights by speakers with Limited English Proficiency (LEP), I analyzed 460 judicial opinions on appeals from LEP speakers, issued between 2000 and 2020. Two findings merit particular attention. Firstly, the analysis revealed that in 36% of the interrogations, LEP speakers were advised of their rights only in English. This means that two decades after the Executive Order 13166 (2000) Improving Access to Services for Persons with Limited English Proficiency, law enforcement still doesn’t have adequate resources to advise LEP speakers of their constitutional rights in their primary languages. Secondly, the analysis revealed that some courts treat second language proficiency as an all-or-none phenomenon. This approach results in linguistic discrimination against LEP speakers who cannot comprehend legal language but are denied the services of an interpreter because they can answer basic questions in English. I end the discusson with recommendations for best practices in delivery of constitutional rights.

Language Proficiency as a Matter of Law: Judicial Reasoning on Miranda Waivers by Speakers with Limited English Proficiency (LEP)

Latest Results

Abstract

Judges wield enormous power in modern society and it is not surprising that scholars have long been interested in how judges think. The purpose of this article is to examine how US judges reason on language issues. To understand how courts decide on comprehension of constitutional rights by speakers with Limited English Proficiency (LEP), I analyzed 460 judicial opinions on appeals from LEP speakers, issued between 2000 and 2020. Two findings merit particular attention. Firstly, the analysis revealed that in 36% of the interrogations, LEP speakers were advised of their rights only in English. This means that two decades after the Executive Order 13166 (2000) Improving Access to Services for Persons with Limited English Proficiency, law enforcement still doesn’t have adequate resources to advise LEP speakers of their constitutional rights in their primary languages. Secondly, the analysis revealed that some courts treat second language proficiency as an all-or-none phenomenon. This approach results in linguistic discrimination against LEP speakers who cannot comprehend legal language but are denied the services of an interpreter because they can answer basic questions in English. I end the discusson with recommendations for best practices in delivery of constitutional rights.

The Identification of Industrial Clusters and their Spatial Characteristics Based on Natural Semantics

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Abstract

Cluster identification based on input–output tables has long been limited in its effectiveness due to slow updates and issues of mutual exclusion. This study presents a novel method that leverages enterprise big data and semantic similarity to identify industrial clusters. Using the electronic information industry cluster in the Pearl River Delta (PRD) as an empirical example, we demonstrate the efficacy of our approach. Our analysis reveals that the PRD's electronic-information industry cluster comprises 27 industries, aligning closely with the results obtained from the input–output table calculations. Building on this cluster identification, our study further investigates the industrial association and spatial collaborative distribution characteristics among cluster enterprises. This study proposes a method to rapidly identify industrial clusters, and quantitatively evaluate industrial linkages and the spatial coordination of industrial clusters from the perspective of individual enterprises. The proposed method has significant implications for urban planners and policy makers in terms of helping them understand the context, relationship, and spatial synergy of industrial clusters.

Decolonization and Higher Education: A Critical Review of a Contemporary Concern, Policy and Theory

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Abstract

Decolonization of higher education policy and practice has become an increasing concern and interest in recent years. This article provides a critical review of the application of decolonization to higher education. It discusses what its proponents mean by the term and how they seek to apply it in practice. It identifies outstanding issues with its usage and considers what the direction ahead may be.

Metamaterial Wave Absorber for Harvesting Electromagnetic Energy with Dispersion Characteristics Using Palm Oil Frond Graphitic Carbon

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Abstract

A metamaterial wave absorber (MWA) optimized for high-performance absorbers to harvest electromagnetic energy is designed for operation within the terahertz (THz) frequency range using renewable palm oil frond graphitic carbon (POFGC). The structural composition of the MWA consists of double split-ring resonators configured in rotational symmetry. The fundamental component of the design has three distinct layers: (1) the bottom layer, composed of a metallic substance with gold that exhibits a lossy metal characteristic; (2) the middle layer, made of a lossy dielectric material referred to as silicon dioxide (SiO2); and (3) the top layer crafted from POFGC. The findings reveal that the absorber achieves a broad absorption spectrum, with simulated results from CST software indicating absorption peaks at 414, 708, 981, and 1242 THz. These results demonstrate high absorption levels of 99.989, 99.999, 99.988, and 99.999% for typical incident electromagnetic waves. The structural dimensions (590 × 590 nm2) are designed to deliver remarkable performance across the visible spectrum and infrared frequency ranges. The energy harvester exhibits independent polarization at various angles, including 0°, 45°, 90°, 135°, 180°, and 225°. It has excellent harvesting capabilities across multiple angles of incidence from 0° to 80°, including the whole operational spectrum. A comparative investigation of the circuit indicates enhanced performance of the metamaterial wave absorber, demonstrating its potential for exceptional functionality inside the advanced design system (ADS) software. Furthermore, the structures under consideration, which were simulated using the HFSS (high-frequency structure simulator) tool, demonstrate strong agreement with the highest level of absorption seen at each resonance peak in the CST simulation outcomes. This paper introduces an alternative protocol, expressed in terms of the phase velocity of the mode, for use with the restricted asymmetric structure to find optimum dispersion. The study highlights the exceptional properties of POFGC, including its high absorption capacity, insensitivity to angles, and effective dispersion properties.

Graphical Abstract

The Rise of Xenophobia and Nationalism in China Since the COVID Pandemic: Insights from Discourse Analysis

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Abstract

Since the successful containment of COVID-19 in Wuhan in late March 2020, China had implemented a nationwide highly stringent and restrictive zero-COVID policy to manage the pandemic until the sudden swift away from it in early December 2022. How did the Chinese Communist Party discursively construct it as a ‘normal’ and legitimate policy? Using interpretivism and poststructuralist political theory, this paper examines how Chinese political elites constructed a discourse of danger for the COVID pandemic, with the dominant discursive narratives full of xenophobic and nationalist languages. The discourse framed ‘foreigners’ as ‘threats’ to Chinese people’s health, advocated that China should rely on home-made vaccines and medicines and, more importantly, argued that the Chinese Communist rule demonstrates ‘institutional superiority’ over Western governance. This xenophobic and nationalist discourse has lingered on after the dismantling of the zero-COVID policy. There are grounds for us to concern whether China is seeking self-reliance rather than integrating itself with the world. A Chinese decoupling from the world—a nationalist self-reliance policy similar with that in the Mao era—is not unthinkable.

Multivariate Modeling of Precipitation-Induced Home Insurance Risks Using Data Depth

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Abstract

While political debates on climate change become increasingly heated, our houses and city infrastructure continue to suffer from an increasing trend of damages due to adverse atmospheric events, from heavier-than-usual rainfalls to heat waves, droughts, and floods. Adapting our homes and critical infrastructure to sustain the effects of climate dynamics requires novel data-driven interdisciplinary approaches for efficient risk mitigation. We develop a new systematic framework based on the machinery of statistical and machine learning tools to evaluate water-related home insurance risks and quantify uncertainty due to varying climate model projections. Furthermore, we introduce the concept of data depth to the analysis of weather and climate ensembles, which remains a novel territory for statistical depth methodology as well as the field of environmental risk and ensemble forecasting in general. We illustrate the new data-driven methodology for risk analysis in application to rainfall-related home insurance in the Canadian Prairies over 2002–2011.

Supplementary materials accompanying this paper appear online.

The effects of import competition on domestic financial markets: The role of limits-to-arbitrage

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Abstract

While prior studies investigate the consequences of globalization, there remains a notable gap in understanding the market efficiency implications associated with globalization-induced import competition. Through the lens of asset pricing, we explore the financial market consequences of import competition exposure (ICE) and find a dark side of globalization. Consistent with the managerial objectives theory, we show that ICE is associated with high cash flow volatility, information asymmetry, and firm uncertainty. Moreover, ICE is positively related to limits-to-arbitrage (LTA), market inefficiencies such as holding and transactions costs. We find that domestic firms with higher ICE earn larger stock return premiums than those with lower exposure and, consistent with the limits-to-arbitrage theory, we demonstrate that LTA play a positive moderating role in the ICE premium. The use of a natural experiment in our analyses provides additional robust support of our hypotheses. Our findings impact both portfolio management decisions and how firms should incorporate the ICE premium into their cost of capital. A key implication is that firms exposed to import competition should prioritize transparency (such as disseminate highly readable disclosures) in order to diminish information asymmetry and limits-to-arbitrage, which would consequently reduce their associated ICE premium.

Mucocutaneous Manifestations of Recreational Drug Use

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Abstract

Recreational drug use is increasingly common in the dermatology patient population and is often associated with both general and specific mucocutaneous manifestations. Signs of substance use disorder may include changes to general appearance, skin, and mucosal findings associated with particular routes of drug administration (injection, insufflation, or inhalation) or findings specific to a particular drug. In this review article, we provide an overview of the mucocutaneous manifestations of illicit drug use including cocaine, methamphetamine, heroin, hallucinogens, marijuana, and common adulterants to facilitate the identification and improved care of these patients with the goal being to connect this patient population with appropriate resources for treatment.