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involuntary servitude154 as guaranteed by the Thirteenth Amendment. The couple's son was also convicted on the conspiracy charge. The Kozminskis argued on appeal that the district court erred in admitting expert psychological testimony to show that the two victims were detained against their will. A psychologist testif... |
at the dairy farm, created an "involuntary conversion" to complete dependency. The 6th Circuit, sitting en banc, held that the district court improperly admitted this evidence. The court explained: "For expert testimony to be admissible under Rule 702, a fourpart test must be met: (1) a qualified expert; (2) testifying... |
the probative value of which outweighs any prejudicial effect." According to the 6th Circuit, the only arguably relevant theory shown to have general acceptance by the trial testimony was the "captivity syndrome" associated with the brainwashing of prisoners of war. The appellate court was not satisfied that any establ... |
the part of the victims: "As bad as conditions on the Kozminski's dairy farm are alleged to be, they fall short of those found in a Chinese prison camp. Accordingly, captivity syndrome is inapplicable as a matter of law given the facts of this case." Because Frye's requirement of a generally accepted explanatory theory... |
Rule 702. A concurring opinion in Kozminski cited Frye and emphasized the need to protect a defendant in a criminal case against scientific evidence which may bear an "aura of special reliability and trustworthiness," even when it is based on an unproved hypothesis which has yet to obtain any degree of acceptance in it... |
urged that the Frye test should not be applicable to the testimony because it was properly categorized as "other specialized" rather than "scientific" knowledge under Rule 702, and as such, could be based on a subjective assessment of the victims and their conditions of confinement. Id. at 1215 (Guy, J., dissenting). T... |
also argued that the majority's concern with the reliability of the expert testimony could be better addressed under Rule 403, which permits the exclusion of relevant evidence if its probative value is substantially outweighed, inter alia, by the danger of unfair prejudice, confusion of the issues, or misleading the ju... |
approach mentioned above, where the court attempts its own assessment of the scientific reliability of proffered expert testimony. Spencer involved a Title VII sexual harassment claim and state tort claims against a former supervisor and employer brought by an employee claiming to be a victim of rape and other sexual m... |
that plaintiff suffered from Post Traumatic Stress Disorder (PTSD) as proof that the rape actually occurred. Ultimately, the district court held the testimony inadmissible for this purpose. Noting that PTSD is a condition recognized in psychiatry as the emotional reaction to traumatic events, such as rape, the court ci... |
PTSD may be caused by a variety of traumatic events outside the range of common experiences, such as military combat, bombing, torture, airplane crashes, or rape. In the case of rape, the condition is sometimes labeled Rape Trauma Syndrome (RTS). The court concluded, however, that evidence of PTSD or RTS was not a scie... |
PTSD occasioned by rape" . . . "is not a scientifically reliable means of proving that a rape occurred. PTSD is simply a diagnostic category created by psychiatrists; it is a human construct, an artificial classification of certain behavioral patterns. RTS was developed by rape counselors as a therapeutic tool to help ... |
patients. It was not developed or devised as a tool for ferreting out the truth in cases where it is hotly disputed whether the rape occurred. Unlike fingerprints, blood tests, and lie detector tests, RTS was not devised to determine the 'truth' or accuracy of a particular past event--i.e., whether, in fact, a rape in ... |
evaluation of rape trauma syndrome has not reached a level of reliability that surpasses the quality of common sense evaluation present in jury deliberations." While the district court made its own determination of the reliability of the proffered evidence, its opinion did not completely ignore Frye. The court question... |
findings that the disorders were "generally accepted to be a common reaction to sexual assault." The court opined that the relevant issue was not whether rape victims may display certain symptoms, but whether diagnosis of PTSD or RTS provided scientifically reliable proof that an alleged victim was raped. Thus, the cou... |
After trial, the district court held that the employee failed to prove by a preponderance of evidence that the alleged sexual assaults and rape took place. The evidence issue was not raised on appeal, and the 4th Circuit affirmed. Spencer v. General Elec, supra. The court's exclusion of the psychiatric evidence of PTSD... |
that such evidence was irrelevant, seems questionable. The diagnosis of the plaintiff with a disorder that experts recognize as affecting persons who have suffered significant trauma subsequent to the date of the alleged incident was relevant because it tended to support her testimony that she had indeed been raped. Su... |
of the condition. The court's evidentiary ruling in Spencer has not been cited by any other federal court. Nonetheless, the decision illustrates the types of issues which a court following the third line of authority must address in an effort to determine for itself the reliability of scientific proof in a federal civi... |
Guide to writing history papers Reading, Writing, and Researching for History: A Guide for College Students A comprehensive but easy-to-skim web guide to writing history papers. Recommended by History Dept faculty. Using call numbers to find books Books and journals |
are arranged on our shelves according to the Library of Congress (LC) classification system. Each is assigned a unique call number based on its subject matter and other characteristics. Items on the same subject will often be grouped together. In |
using a call number to locate a book on the shelf, consider each element in turn before moving on to the next segment. These call numbers are arranged as they should appear on the shelves. In each case, the element |
shown in boldface distinguishes the number from the preceding one: Each call number consists of several elements. For example:: The FIRST line, TK, is based on the broad subject of the book. Within Class T for technology, TK represents electrical |
engineering. The SECOND line, 7881.6, defines the subject matter more finely. When looking for the book, read this as a whole number with a decimal component. In this example, TK7881.6 represents magnetic recording (a subdivision of TK— electrical engineering). The |
THIRD line, M29, usually indicates author, but may also represent a further subject subdivision, geographic area, etc. There may also be a fourth line, formatted the same way. When looking for the book, read the numeric component as if it |
were preceded by a decimal point. In the example above, the numeric part of M29 should be read as ".29" (and the call number TK7881.6 M29 comes before TK7881.6 M4). The YEAR of publication, such as 1993, may also be |
present. These file in chronological order and often indicate successive editions of a book. The call number may also have additional elements, such as volume numbers. To use library databases from off campus you have to set up the proxy |
server: this changes your browser settings. Where's the PDF? Many article databases contain information about articles (citations or abstracts), not the entire text of the article. Once you've used an article database to find articles on your topic, you may |
need to use this button: in order to locate and read the full text of the article. The UC-eLinks button appears in nearly all the databases available from the UCB Library website. UC-eLinks will link you to the online full |
text of an article if UCB has paid for online access; otherwise, UC-eLinks will help you locate a print copy on the shelf in the library. If UCB doesn't own the article in print or online format, UC-eLinks can also |
help you order a copy from another library. For more information, watch this video tutorial (about 4 min.) You can also set up UC-eLinks to work with Google Scholar. For more information, watch this video tutorial (about 2 min.) |
What is pathology? Pathology, or general pathology, is the medical specialty focused on the diagnosis of disease through analysis of blood, tissues or urine in a pathology lab. A division of pathology is anatomical pathology (study of organs and tissues to diagnose disease), which is broken into the following subspecia... |
(study of diseases on the cellular level). Other subspecialties include clinical chemical pathology (study of antibodies, hormones, immune system and pharmacology), clinical pathology (working directly with patients), hematology (study of blood) and microbiology (study of bacteria, parasites and viruses). Who are patho... |
or other diagnostic tools to look at blood, urine or other body fluid specimens and detect chemical makeup in the body. Based on the test results, he or she may recommend additional study of the specimen. Pathologists typically work in a hospital or pathology lab, and may work in administrative roles supervising divisi... |
the lab, such as the blood bank, clinical chemistry, hematology, immunology and serology, and microbiology. Pathologists are certified by The American Board of Pathology.What types of specimens does a pathologist collect? General pathology relates to the collection of a specimen or specimens for the diagnosis of diseas... |
through the urethra into the bladder to take a sample of urine). Sometimes the patient will need to undergo several urine tests to measure changes in urine over time. - Sputum (phlegm) – Samples are taken from sputum that has been coughed into a clean container. - Feces – Collected by the patient into a clean plastic o... |
The term Unix-like is widely used to describe operating systems that share many of the characteristics of the original UNIX, which was written in 1969 by Ken Thompson at Bell Labs, and its early successors. The popularity of this term is mainly due to the fact that it is a |
very convenient and logical way of describing the numerous and diverse operating systems that fit into this category. It is also due in part to the controversy about what really is UNIX and how this term should be used. This controversy, in turn, has arisen largely as a result of |
the complex history of UNIX and the operating systems that have been based on it. The category of Unix-like operating systems clearly includes those systems that have all three of the following characteristics: a direct source code lineage from the original UNIX, obvious UNIX characteristics and officially describe the... |
being UNIX. Source code is the version of software as it is originally written (i.e., typed into a computer) by a human in plain text (i.e., human readable alphanumeric characters). Such systems include AIX (developed by IBM), HP-UX (developed by HP), IRIX (developed by Silicon Graphics), Solaris (developed by Sun |
Microsystems) and True64 (developed by Compaq for alpha processors and now owned by HP). The category of Unix-like operating systems also includes UNIX clones. A clone is a program (i.e., an operating system or an application program) that has functions and behavior similar to another program but which does not |
contain source code from that program. The functions and behavior of the UNIX clones are so similar to those of the early (and later) versions of UNIX, in fact, that many knowledgeable users consider them to be UNIX. However, they do not have a direct lineage to the original UNIX |
source code, and most of them do not officially describe themselves as being UNIX. This category includes the BSDs (i.e., FreeBSD, NetBSD, OpenBSD and Darwin), Linux, MINIX, QNX and Cygwin. Unix-like operating systems also generally contain most or all of the enhancements and new features that were subsequently added a... |
the University of California at Berkeley (UCB) and which are known as the Berkeley extensions. The Berkeley extensions include such now nearly universal innovations as the C shell, also referred to as csh, TCP/IP (transmission control protocol/Internet protocol), which forms the basis for both the Internet and most loc... |
virtual memory, which allows a hard disk drive (HDD) to simulate additional main memory, and the vi text editor. Thus, it has been suggested that operating systems that refer to themselves as UNIX might more appropriately call themselves something such as UNIX/Berkeley. BSD (Berkeley Software Distribution), the version... |
developed at UCB in the 1970s and early 1980s, was widely considered to be a type of UNIX, as are its modern day descendants. In fact, BSD even included UNIX in its name, such as BSD UNIX 4.0, which was released in October 1980. The original name for the operating |
system developed at Bell Labs was UNIX (all upper case). This term became a trademark that was eventually acquired by The Open Group, an industry consortium that was formed in 1996. The Open Group attempts to permit operating systems to call themselves UNIX only if they both conform to its |
Single UNIX Specification and pay a substantial fee (which is one of its main sources of revenue). Thus, at least theoretically, an operating system would not have to contain any of the original UNIX source code or bear much superficial resemblance to the original UNIX to be permitted to call |
itself UNIX. Adding to the complexity of the situation is the fact that there is some controversy as to whether the term UNIX is actually a valid trademark. This is because trademark law states that when a term becomes very widely used as a generic term (i.e., a term that |
describes a class of products rather than just a single brand) it can lose its legally protected trademark status. Apple Computer, which uses Darwin (a Unix-like operating system based on BSD) as the core of its increasingly popular Mac OS X operating system, claims that the term UNIX has become |
generic and thus that it is not a legally valid trademark. Apple has vastly greater legal and financial resources than the BSDs or most of the Linux distributions (i.e., versions), and thus it is not afraid to call its operating system UNIX. In fact, it makes a number of statements |
on its website explicitly referring to itself as UNIX (and not as Unix-like), including the following: "Don't let its elegant and easy-to-use interface fool you. Beneath the surface of Mac OS X lies an industrial-strength UNIX foundation hard at work to ensure that your computing experience remains free of system |
crashes and compromised performance." As a result, the Open Group is suing Apple Computer for alleged trademark violation. This is a necessary move for the Open Group, as attempting to protect a trademark from abuse can be an important factor in legal decisions about the validity of the trademark. However, |
some industry observers expect that this case will be settled quietly out of court because neither side wants to risk a negative judgment1. The BSD operating systems are widely regarded as free (both in a monetary sense and with regard to use) implementations of UNIX, and thus as UNIX. However, |
in contrast to Apple, they make a point of not referring to themselves as being UNIX on their websites or other materials in order to avoid potentially costly legal problems. For example, FreeBSD, the most popular of the BSD systems (at least until the recent rise of Darwin), describes itself |
as being " . . . a very economical alternative to commercial UNIX® workstations." NetBSD describes itself on its homepage as " . . . a free, secure, and highly portable Unix-like Open Source operating system available for many platforms, . . . " OpenBSD describes itself as " . |
. . a FREE, multi-platform 4.4BSD-based UNIX-like operating system." Some operating systems do not seek UNIX branding because the royalties would be prohibitively expensive for them due to the facts that they are updated frequently (which would require costly recertification) and that they are made available freely ove... |
Moreover, developers of such systems generally feel that such branding would not provide any significant advantage, as their users are generally well informed and are interested in the intrinsic values of the systems rather than in their names. The term Unix-like does not have any negative implication about the validit... |
of the UNIX trademark. In fact, it could even be argued that it supports the trademark by providing a convenient term for describing operating systems that resemble the original UNIX and its early successors so that they, and their users, will not be tempted to inappropriately use the term UNIX. |
Papal Primer: History's 10 Most Intriguing Popes Pope Benedict XVI announced his resignation in February, citing his deteriorating mental and physical health CREDIT: Jeffrey Bruno | Shutterstock.com Pope Benedict XVI |
made headlines today (Feb. 11) when he announced he was stepping down — something no pope has done since the Middle Ages. While that's big news, the Catholic Church has |
seen much more dramatic upheavals. From a cadaver on trial to a three-timing pope, here are 10 of the most interesting church fathers in history. The first head of the |
Catholic Church was St. Peter. Peter, whose original name was Simon, was one of Jesus' 12 apostles, according to John Julius Norwich in his book "Absolute Monarchs: A History of |
the Papacy" (Random House, 2012). He preached throughout Asia Minor before coming to Rome, where he lived for 25 years, when Emperor Nero Augustus Caesar crucified him. Legend has it |
that he sought to be crucified upside down, deeming himself too low to share in the same death as Jesus. Though now considered the first pope, he never officially took |
that title during his lifetime. [Photos: Gladiators of the Roman Empire] The first pope to step down was Pontian, who headed the church from A.D. 230 to 235. Unlike many |
of his predecessors, Pontian wasn't martyred, but rather was sentenced to hard labor in the Sardinian mineral mines by Emperor Maximus the Thracian who was persecuting Christians, particularly heads of |
church. The pope voluntarily abdicated to prevent the church from having a power vacuum, according to the Catholic Encyclopedia. The next hundred years was rough for the Catholic Church, with |
persecution of Christians and martyrdom for several of the church heads. But in A.D. 313, Emperor Constantine officially put an end to Christian persecution. Pope Sylvester I was the first |
pope to live in this less dangerous world, but when Constantine arranged the Council of Nicea to sort out official Christian doctrine, Sylvester chose to sit it out, sending underlings |
instead, according to "Absolute Monarchs: A History of the Papacy." The Nicene Creed is now considered the first official statement of belief for Christians. Pope Leo I, who reigned from |
A.D. 461 to 468, may have been most famous for work he did before ascending to the papacy: The former aristocrat and then bishop convinced the feared Attila the Hun |
not to sack Rome. It's possible Leo offered Attila a pile of loot, or the warlord used the meeting as an excuse to turn back, given his own strategic concerns. |
Another possibility is that the pope may have played on Attila's superstitious fear of dying soon after the sacking, just as Alaric I (king of a tribe of Goths) did |
after the despoiling of Rome decades earlier, according to "Absolute Monarchs: A History of the Papacy." [Saint or Spiritual Slacker? Test Your Religious Knowledge] Cadaver on trial Pope Formosus headed |
the Catholic Church from A.D. 891 to 896, and his reign was marked by political battles and infighting. He was excommunicated about 20 years prior to his reign, but then |
later absolved. After his death, his cadaver was exhumed, put on trial, and judged to be unworthy of the papacy. All of his papal edicts were deemed invalid, the fingers |
he used to make sacraments were ripped off, and he was tossed into the Tiber River. The current pope isn't the only Benedict to have stepped down. During a tumultuous |
time in the Catholic Church's history known as the saeculum obscurum (sometimes called the Rule of the Harlots), the popes engaged in corrupt venal behavior and were too closely allied |
to one aristocratic family. Fed up, the people in Rome raised Benedict V to the highest position in A.D. 964. But the founder of the Holy Roman Empire, King Otto, |
wasn't having it: He elected an antipope, Leo VIII, instead. Benedict V chose to step down a few months after being elected. (At this chaotic time, it wasn't unheard of |
to have two popes elected.) The next Benedict, Benedict VI, also faced an ignominious end to his reign: When King Otto died in 974, Benedict VI was imprisoned and put |
to death by his antipope successor. Another Benedict, Pope Benedict IX, had three runs at the papacy. The ne'er-do-well ascended to the highest office in 1032 as a result of |
family connections at the tender age of 20, according to the Catholic Encyclopedia. The ruler reportedly lacked all moral balance and led a dissolute life. In 1044, the city of |
Rome elected an antipope (a second pope). Benedict IX drove out the antipope, but then stepped down — only after selling the papacy to yet another priest. Before he died, |
he seized the highest office one more time, but Benedict IX's final stint was short lived. One legend has it that from A.D. 855 to 877, a Pope John who |
reigned may have actually been a woman. The story, recounted by a Dominican monk named Martin in 1265 and several others, claims that Pope John was a girl who was |
brought to Athens in men's clothing, according to "Absolute Monarchs: A History of the Papacy." She took up study and became a master of learning, the story goes, but became |
pregnant and gave birth in a church procession. However, the chaos at the time and the discrepancies between different stories suggests this "Pope Joan" may never have existed. Many of |
the men who have been chosen for the highest office didn't get a chance to do much with it. Pope-elect Stephen was elected in A.D. 752, but died just a |
few days later, without being consecrated into office. Pope Damasus II ascended to the papacy in 1048, after several political squabbles, but passed away just 23 days later. Celestine IV, |
who was elected in 1241, died just 16 days later — too early for his coronation. And Pope Urban VII, at 12 days in A.D. 1590, was the shortest-reigning pope |
in the Catholic Church's history. The Catholic Church has also had several periods where no pope reigned. These gaps, known as interregnums, usually occurred when the cardinals who vote for |
the pope were deadlocked. The last pope to abdicate, Pope Gregory XII, was elected in 1406, more than 600 years ago. A man noted for his piety, he was originally |
elected to end the schism that occurred after Pope Innocent VII died, according to the Catholic Encyclopedia. Gregory XII was one of three popes to rule at the time, and |
Earth from Space: Easter Island Easter Island as seen by astronauts aboard the International Space Station on Sept. 25, 2002. On Easter Sunday in 1722, Dutch explorer Jacob Roggeveen became the first known European to encounter this Polynesian island and gave it the name it has become most widely known |
by. Easter Island (also known as Rapa Nui in the native language) is one of the most isolated spots on Earth, lying some 2,000 miles from the nearest areas of human habitation (Tahiti and Chile) — even more remote than the astronauts orbiting at 210 nautical miles above the Earth.. |
The island, which is only 15 miles long, was annexed by Chile in 1888. (In Spanish, it is called "Isla de Pascua," which means "Easter Island.") Archaeological evidence suggests that Polynesians from other Pacific Islands discovered and colonized Easter Island around the year 400. The island and its early inhabitants |
are best known for the giant stone monoliths, known as Moai, placed along the coastline. It is thought that the population grew bigger than was sustainable on the small island, resulting in civil war, deforestation and near collapse of the island ecosystem . Today, a new forest (primarily eucalyptus) has |
been established in the center of the island (the dark green in the image), according to a NASA statement. Volcanic landforms dominate the geography of the island, including the large crater Rana Kao at the southwest end of the island and a line of cinder cones that stretch north from |
the central mountain. Near Rana Kao is the longest runway in Chile, which served as an emergency landing spot for the space shuttle before its retirement in 2011. MORE FROM LiveScience.com |
High blood pressure, or hypertension, affects almost one in three adults in the United States. However, this serious health condition isn't limited to just those ages 18 and older. The number of children and adolescents with high blood pressure is increasing. This rise can be partly blamed on the increasing number of o... |
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