Chilling Effect Research Articles

Can Community Policing Reduce the Chilling Effect of Immigration Enforcement on Latinx Crime Reporting? Evidence from Los Angeles

While scholars have linked immigration enforcement with reductions in Latinx crime reporting, little research has examined the tools localities can use to counter reporting declines. This study assesses whether a community policing program adopted by the Los Angeles Police Department (LAPD) offset documented decreases in Latinx domestic violence reporting after President Trump assumed office. Using data on crimes reported to the LAPD between 2014 and 2019, this study finds that while domestic violence reports made by Latinx victims declined elsewhere after Trump took office, they increased in areas exposed to the community policing program. Results suggest that community policing may be a viable tool to encourage help-seeking behavior among residents vulnerable to deportation.

A new test method for evaluating the evaporative cooling efficiency of fabrics using a dynamic sweating hot plate

The lack of direct measures of the ability of a fabric to cool the skin by liquid sweat evaporation is a critical gap in available laboratory tests for evaluating the comfort of active wear clothing materials. This paper describes a novel method designed to evaluate the evaporative cooling performance of fabrics in a protocol that simulates active wear, including sweating and drying periods, in a continuous one-step procedure. It uses a dynamic sweating hot plate to measure the latent heat absorbed by fabrics in sweat evaporation, and in drying after sweat absorption. The efficacy of the method is demonstrated using a selected set of high-wicking polyester and a cotton knit t-shirt material that have different moisture absorption, wicking and drying properties. The cooling efficiency test shows that high-wicking polyester fabrics provide larger evaporative cooling in the sweating phase, where it is more likely to convey cooling benefits to the skin. Cotton fabrics absorb more latent heat in the drying phase, where the cooling effect may contribute to chilling effects. It provides an ideal platform to observe the dynamic relationship between patterns of wicking and liquid moisture spreading in fabrics and the evaporative cooling provided by the test materials. It shows that the location of wicked moisture in the fabric is a critical determinant of potential cooling effects. It also shows that a fabric’s wicking ability is not always an accurate predictor of its cooling efficiency. This new test method has provided a unique tool for directly characterizing the cooling efficiency of clothing materials using a protocol that accurately simulates sweating generation and drying in actual active wear scenarios.

A chilling effect.

A chilling effect.

Code Status Blues: Do Legal Nudges Discourage Doctors From Ordering Do-Not-Resuscitate?

BackgroundLaws influence human behavior, including practitioners' behavior, and legal nudges may affect bedside patient care practices. Do-not-resuscitate (DNR) practices are one such example. Ensuring that practitioners order DNR for patients who request it is a crucial part of providing quality end-of-life care. On April 1, 2018, in the state of Texas, Senate Bill 11 (SB 11) took effect. This law did not make DNR orders illegal, but it constrained and complicated the process for issuing them. This study aimed to determine if DNR order utilization decreased after the law's implementation. MethodsThe authors conducted a retrospective cohort chart review of all adult patients admitted to a single academic urban tertiary care hospital in Texas before and after the state's DNR law went into effect. The authors reviewed code status orders for the 5426 sickest patients. The primary outcome is the proportion of patients who had DNR orders in effect at the end of their hospitalizations. ResultsImplementation of the DNR law's cumbersome documentation and witnessing requirements correlated with a substantial decline in DNR orders for patients at the highest risk of dying from chronic or severe illness. ConclusionThis is the first study the authors know of that examines whether DNR usage declined after implementation of a DNR law. A troubling implication of this study is that the Texas law has had a chilling effect on doctors' willingness and ability to place medically and ethically appropriate DNR orders and has threatened the right of patients with serious illness to forgo cardiopulmonary resuscitation.

Multi-product exporters in US–China trade war

ABSTRACT This study explores empirically how Chinese multi-product firms adjust their exports in response to the U.S. tariff escalations during the US–China trade war, using firm-product-level customs trade data from China. We find strong evidence for a new phenomenon we call the within-firm cross-product chilling effect, whereby an additional tariff targeting some of the firm’s products sold in the destination market is associated with reduced sales of its other untargeted products in that market. The comparison between firm-product-level and product-level analysis suggests that ignoring the within-firm chilling effect would result in a severe underestimation of the tariff effects. Moreover, the chilling effect is more prominent for products that are more important for a firm’s overall sales to the U.S. and that are highly reliant on the U.S. market. We also observe a ‘complete tariff pass-through’ phenomenon at firm-product level, which complements the product-level evidence in previous related studies.

Family Matters: Modeling Naturalization Propensities in the United States

Despite the benefits of gaining citizenship, many eligible immigrants in the United States are not naturalizing. In this article, we examine factors that lead to naturalization in the United States, finding that immigrants’ pathways to citizenship are simultaneously shaped by individual characteristics, place-based attributes, and family dynamics. Of notable significance, and largely omitted from previous empirical work on naturalization, we find that having a naturalized spouse prior to one’s own naturalization is associated with a higher probability of naturalization, whereas being married to an undocumented immigrant reduces the probability of naturalization. Similarly, having a naturalized adult in the family other than a spouse improves the odds of naturalization, but having an undocumented family member other than a spouse reduces the odds. These findings suggest that while eligible immigrants with naturalized family members are more likely to improve their access to naturalization through pooled resources and increased information sharing, eligible immigrants with undocumented family members are more likely to avoid the naturalization process entirely, likely due to chilling effects from immigrant enforcement and policies that target close ties with liminal legality. These findings suggest that immigrants’ access to citizenship could be improved by (1) reaching immigrants who are the first in their families to naturalize and (2) improving the context of reception for undocumented immigrants and mixed-status families. More broadly, while individual factors play a role in naturalization, complex contextual factors, including place and family, shape immigrants’ pathways to citizenship and provide opportunities for new policies to promote immigrant integration.

Santa Banta jokes: the intersection between humor, religion and the law

Abstract Santa and Banta jokes are the mainstay of most Indian childhoods. Santa and Banta were used as stage names by the comedian duo Gurprit and Prabhpreet Singh but somewhere along the line, they turned into fictional characters in their own right and acquired pan-Indian fame. The defining characteristics of Santa and Banta jokes are that both are simple-minded middle-aged men belonging to the Sikh religious community. Most Indians consider these jokes lame but many Sikhs find them to be offensive and demeaning, not because of what is said but because of who says it. In 2015, Harvinder Chowdhury, a Sikh lawyer, petitioned the Supreme Court of India to ban the online dissemination of the Santa and Banta jokes. The Court admitted the Public Interest Litigation (PIL) petition and constituted a committee to look into this matter, before ultimately dismissing the petition in 2017, without judging it on merits. This paper will examine this specific attempt of the Indian judiciary to regulate humor, within the broader context of freedom to religion and free speech. It will study the arguments raised in the PIL, the recommendations of the committee, and the observations of the Court. No study has been done of the relationship between law and humor in India. This paper will examine whether the Court missed an opportunity to contribute to the virtually non-existent humor jurisprudence in India. Last year a children’s book The Art of Tying a Pug was withdrawn by its publishers because of the backlash it faced from the Sikh community on the wordplay in its title, which referred to the dog breed and the turban (pag or pagdi) worn by Sikhs. This incident is illustrative of the chilling effect on humor publications and the current publishers’ strategy of withdrawing the material deemed offensive instead of submitting it for judicial determination. Could a decision on merits in the Santa and Banta jokes case have laid down guidelines on what was acceptable and what was offensive? What would such guidelines be? Is the laying down of guidelines even possible, or desirable, given the unique set of issues presented by humor for the law? Ethnic jokes, in the form of minority-majority community jokes, are found in cultures all over the world. This paper will also undertake a comparative analysis of ethnic jokes in an attempt to answer these questions.

Influence by Intimidation: Business Lobbying in the Regulatory Process

Abstract Interest group influence in the policy process is often theorized to occur through a mechanism of exchange, persuasion, or subsidy. Here, we explore how business groups may also exert influence by intimidating policymakers—a form of persuasion, but one based on the provision not of policy information but of political information. We develop a theory in which a business firm lobbies a regulator to communicate political information about its capacity to commit to future influence-seeking activities that would sanction the regulator. The regulator assesses the credibility of this message by evaluating the firm’s commitment to lobbying. Guided by our theory, we present empirical evidence consistent with expectations that intimidation can shape regulatory outcomes to the advantage of certain firms, both through a chilling effect, by which lobbying derails nascent regulatory plans, as well as a retreating effect, by which opposition to published proposals leads to their withdrawal.

Benefit of Tulsi for General and Dental Medicine

Tulsi has a significant amount of therapeutic value. Studies have shown that Tulsi can help people with diabetes by lowering the amount of glucose in their blood. Tulsi is a powerful medicine that can treat severe cases of acute respiratory syndrome. The juice extracted from its leaves is said to be effective in treating coughs, bronchitis, fever, and colds. The ear drop that is utilised is also made from tulsi oil. Tulsi is beneficial in the treatment of malaria. It is highly efficient against conditions such as cholera, indigestion, headaches, hysteria, and insomnia. Every day, millions of people all around the world consume the fresh leaves of the Tulsi plant. Tulsi is particularly useful for supporting the functions of the heart, blood vessels, liver, and lungs, and it can also help manage blood pressure and blood sugar levels. In nearly all of the old ayurvedic writings that have been preserved, OS has been praised highly for the excellent medicinal powers it possesses. It has a taste that is pungent and astringent, and the effect that it has on the body is one that is hot, light and dry. It is said that the seeds of this plant have a chilling effect on the humans who consume them. Tulsi has various different therapeutic characteristics that can be found in its roots, leaves, and seeds. It has been given upon us by Mother Nature a very rich botanical richness, and throughout the United States you can find a wide variety of plant species growing in their natural habitats. Traditional medicine, modern medicine, modern drugs, nutraceuticals, food ingredients, folk medicine, pharmaceuticals and the chemicals that are used to make synthetic drugs all get most of their drugs from plants. Plants used for medical purposes have a significant economic worth in many parts of the world. Tulsi, which is also known as Ocimum sanctum Linn, is a too useful plant that is used in India's traditional medical practises. In the next round of studies, the healing properties of this plant will be looked into, since it has been shown to help with a broad range of oral and systemic conditions

In defense of offense: information security research under the right to science

Information security is something you do, not something you have. It's a recurring process of finding weaknesses and fixing them, only for the next weakness to be discovered, and fixed, and so on. Yet, European Union rules in this field are not built around this cycle of making and breaking: doing offensive information security research is not always legal, and doubts about its legality can have a chilling effect. At the same time, the results of such research are sometimes not used to allow others to take defensive measures, but instead are used to attack. In this article, I review whether states have an obligation under the right to science and the right to communications freedom to develop governance which addresses these two issues. I first discuss the characteristics of this cycle of making and breaking. I then discuss the rules in the European Union with regard to this cycle. Then I discuss how the right to science and the right to communications freedom under the European Convention for Human Rights , the EU Charter of Fundamental Rights and the International Covenant on Economic, Social and Cultural Rights apply to this domain. I then conclude that states must recognise a right to research information security vulnerabilities, but that this right comes with a duty of researchers to disclose their findings in a way which strengthens information security.

SLAPPed by the GDPR: protecting public interest journalism in the face of GDPR-based strategic litigation against public participation

ABSTRACT Strategic litigation against public participation is a threat to public interest journalism. Although typically a defamation claim underpins a SLAPP, the GDPR may serve as an alternative basis. This paper explores how public interest journalism is protected, and could be better protected, from abusive GDPR proceedings. The GDPR addresses the tension between data protection and freedom of expression by providing for a journalistic exemption. However, narrow national implementations of this provision leave the GDPR open for abuse. By analysing GDPR proceedings against newspaper Forbes Hungary, the paper illustrates how the GDPR can be instrumentalised as a SLAPP strategy. As European anti-SLAPP initiatives are finetuned, abusive GDPR proceedings need to be recognised as emerging forms of SLAPPs, requiring more attention to inadequate engagement with European freedom of expression standards in national implementations of the GDPR, data protection authorities’ role in facilitating SLAPPs, and the chilling effects of GDPR sanctions.

Advancing Global Palliative Care Over Two Decades: Health System Integration, Access to Essential Medicines, and Pediatrics.

Between 2000 and 2020 Open Society Foundations was one of very few funders that supported global palliative care development and advocacy. To describe progress made in three priority areas-the integration of palliative care into public health systems, access to controlled medicines, and pediatric palliative care-during those 20 years. Activities and developments between 2000 and 2020 on global integration of palliative care into health systems, access to and availability of controlled medicines, and pediatric palliative care are described and analyzed. Major progress has been made in each area. Whereas in 2000, integration of palliative care into public healthcare systems was on the agenda in just a few pioneering countries, by 2020 a global consensus had emerged that palliative care should be integral to all health systems including in universal health coverage and countries were increasingly taking steps to integrate it into national health systems. While limited availability of these medicines was barely recognized as a public health or drug control issue in 2000, it had become an important priority in global drug policy debates by 2020 and numerous countries had taken steps to improve access to these medicines. Pediatric palliative care, available mostly in a small number of wealthy countries in the 1990s, has seen rapid growth, especially in low- and middle-income countries, and now has a solid foothold in all world regions. Despite this progress, significant challenges remain as funding for palliative care advocacy is limited, the overdose crisis in the US has recently had a chilling effect on efforts to improve availability of opioid analgesics, and economic crises related to the COVID-19 pandemic create uncertainty over the future of universal health coverage.

Beyond abortion: impacts of the expanded global gag rule in Kenya, Madagascar and Nepal

Since 1984, Republican administrations in the US have enacted the global gag rule (GGR), which prohibits non-US-based non-governmental organisations (NGOs) from providing, referring for, or counselling on abortion as a...

Rules of Origin in the EU-UK Trade and Cooperation Agreement: Conceptual and Practical Challenges

In the context of preferential trade agreements, Rules of Origin have attracted negative attention for their propensity to serve protectionist objectives. Against this background, the author seeks to shed light on several conceptual and practical challenges in connection with the Rules of Origin negotiated in the EU-UK Trade and Cooperation Agreement. The discussion proceeds from two basic propositions: first, the Rules of Origin included in this agreement resemble, in essential terms, those included in other modern EU trade agreements with advanced-economy partners; and second, preferential Rules of Origin, such as those agreed between the EU and the UK, embody the outcome of reconciling the divergent interests of import-competing and export industries by the negotiating partners. The author has identified and analysed the following specific challenges posed by the Rules of Origin in the EU-UK Trade and Cooperation Agreement: (1) limited possibilities for origin cumulation; (2) protectionist potential of transitional origin requirements and origin quotas; (3) trade-hindering effect with respect to Northern Ireland; and (4) chilling effect of the potential review of inward processing schemes on trade. Based on the analysis conducted, the author concludes that these challenges negatively affect trade because they operate to foreclose the expansion of legitimate trade opportunities under the EU-UK Trade and Cooperation Agreement. Origin, Rules of Origin, Preferential Origin, Free Trade Agreements, EU-UK Trade and Cooperation Agreement, Brexit, Inward Processing, Returned Goods, Diagonal Cumulation, Origin Quotas

Solidification behavior and enhanced properties of semi-solid Al–8Si–0.5Fe alloys fabricated by rheo-diecasting

Compared with the high pressure diecasting, rheo-diecasting has an advantage in decreasing defects, refining microstructure and improving properties. In the present work, an Al–8Si–0.5Fe alloy with a good combination of mechanical property and thermal conductivity was obtained by rheo-diecasting. The solidification behavior, mechanical properties, and thermal conductivity of the alloy under rheo-diecasting were discussed. The results demonstrated that the chilling effect and shearing vibration not only affected the primary solidification on the vibrating contraction sloping plate, but also the secondary solidification in the remaining liquid during rheo-diecasting. The rheo-diecasting alloy possessed spherical primary α1-Al grains and secondary α2-Al grains, small-sized Al5FeSi phases, eutectic Si phases, and low porosities, and thus exhibited the high mechanical properties and thermal conductivity. With decreasing pouring temperature from 690 °C to 670 °C, the size of primary α1-Al grains, secondary α2-Al grains, Al5FeSi phases and eutectic Si phases was decreased due to high cooling rate, which further improved the mechanical properties and thermal conductivity of the alloy.

Przerywanie ciąży – rozważania w świetle orzeczenia Trybunału Konstytucyjnego w sprawie K 1/20

The article presents the issues of legal regulation of termination of pregnancy in the context of the jurisprudence of the Constitutional Court (CC), in particular the ruling in the case K 1/20.The discussion opens with an analysis of models of abortion practices regulations, as well as the solutions adopted in the Polish legal system, with a short historical introduction. It is emphasized how important is the issue, which results from the fundamental differences in worldviews between the supporters and opponents of the permissibility of the practice of termination of pregnancy, which is expressed in the name given to this medical practice.The right to life as an element of the human rights system is discussed, both in terms of international law and the provisions of the Polish constitution.Next, the Polish provisions on the admissibility of termination of pregnancy are presented along with a historical outline, with particular emphasis on the ruling in the case K 26/96. Based on the above discussion, the resolution in the case K 1/20 was discussed, in which the CC found the so-called embryopathological premise for termination of pregnancy to be incompatible with Polish Constitution. A polemic with the justification of the decision is presented, including the errors of interpreta-tion committed by the CC with regard to the constitutional and international form of the right to the protection of life. It is indicated that in the Polish legal system only the right to protection of life exists, not the right to life, which is referred to both by the CC and most of the doctrine.Despite the fact that this resolution does not remove the norm from the legal system, the author draws attention to the practical consequences of issuing it, in particular the occurrence of the so-called ‘chilling effect’ and unjustified activity of the law enforcement authorities.The final part of the article presents conclusions on how to legally regulate the termination of pregnancy.

Immunitet jurysdykcyjny Stolicy Apostolskiej a odpowiedzialność za nadużycia seksualne duchowieństwa. Rozważania na kanwie wyroku Europejskiego Trybunału Praw Człowieka z 12 października 2021 r. w sprawie J.C. i inni v. Belgia (Skarga nr 11625/17)

The Belgian courts and the ECtHR treating the Holy See as a state is an over-inter-pretation. The Holy See cannot be treated as a foreign sovereign. This is a historical anachronism. At the very most, we can speak of the so-called ‘spiritual sovereignty’ of the Holy See, which his related to the fact that it is the governing body of the Catholic Church. However, it has no public-law powers over church structures and its followers. The Church is a voluntary international private association of natural persons. It has no administrative power over its members. The Holy See has a superior position over bishops. Therefore, it should also be responsible for the lack of a proper reaction by these church leaders to the sexual abuse of the clergy subordinate to them. In the past, the Catholic Church operated a policy of silence (omerta) based on clericalism. The pontificate of Pope Francis brought about fun-damental changes in this area. However, the judgment of the European Court of Human Rights of October 12, 2021 is procrastinating and will probably trigger what can be termed a ‘chilling effect’. What takes precedence is the good of the influential institution – the Holy See – and not those individuals wronged in their childhood.

CONGLOMERATE SPIN-OFFS: WHETHER U.S. TAX LAW INHIBITS DECONGLOMERATION

In this Note, I examine whether the complex nature of the U.S. spin-off rules and the burdens associated with successfully navigating such rules discourage conglomerates from breaking up into smaller companies through tax-free spin-offs. First, I argue that there are numerous disadvantages of conglomeration, which generally tend to outweigh any economic benefits derived from the conglomerate form. Next, I describe the statutory and nonstatutory requirements of tax-free spin-offs, evaluating particularly how each requirement may impact a conglomerate wishing to spin off one or more of its business units. Because conglomerates are usually multinational corporations, I also briefly consider the tax consequences of spinning off a foreign company. In the following section, I discuss the issuance of private letter rulings in connection with conglomerate spin-offs and assess whether the I.R.S.’s recent policy changes have accelerated spin-off activity or, to the contrary, whether they have produced a chilling effect on conglomerate spin-offs. Finally, I examine a recent example of a successful conglomerate spin-off—Liberty’s spin-off of TripAdvisor—before analyzing an example of a failed conglomerate spin-off—Yahoo’s attempt to spin off Alibaba. I conclude that, although tax-free spin-offs are occasionally unsuccessful, such failures are rare.
 Even if the tax rules are byzantine and the monetary stakes are exceptionally high, conglomerates wishing to spin off business units typically manage to satisfy the requirements. Therefore, although U.S. tax law does not completely hinder deconglomeration, spin-offs are nevertheless costly. Fulfilling the spin-off requirements leads to economic inefficiencies because it entails expensive pre-spin-off restructuring and delays, as well as high transaction and friction costs.

Facial recognition technology for policing and surveillance in the Global South: a call for bans

The use of facial recognition technology (FRT) for policing and surveillance is spreading across Asia, Africa and Latin America. Advocates are saying this technology can solve crimes, locate missing people and prevent terrorist attacks. Yet, as this article argues, deploying FRT for policing and surveillance poses a grave threat to civil society, especially systems to identify or track people without any criminal history. In every political system, this has the potential to deepen discriminatory policing, have a chilling effect on activism and turn everyone into a suspect. The dangers rise exponentially, moreover, in places with inconsistent rule of law, poor human rights records, weak privacy and data laws and authoritarian rulers – traits common across scores of countries now installing FRT. Regulating use is unlikely to prevent these harms, the article contends, given the powerful political and corporate forces in play, given the ways firms push legal limits, exploit loopholes and lobby legislators, and given the tendency over time of surveillance technology to creep across state agencies and into new forms of social control. Calls to ban FRT are growing louder by the day. This article makes the case for why bans are especially necessary in the Global South.

Crisis in Mexico

This paper analyzes the relationship between the Mexican President’s discourse on COVID-19 and the use of Twitter by state officials at the start of the pandemic, through content analysis and supervised machine learning. Analyzing all tweets by state-level agencies during the first 6 months of the pandemic, we found that accounts belonging to the ruling party tweeted consistently less about COVID, compared to the opposition. Furthermore, the social-distancing hashtags endorsed by the Health Department were underused by the party’s own officials. We hypothesized that the president’s skeptical discourse on COVID-19 had a chilling effect on party officials’ use of Twitter during this period. Two random forest machine learning models were trained using the president’s words as predictors not only of the officials’ political alignment, but also of the amount of COVID tweets they posted. The models proved reliable, and the words most significant for prediction are markedly indicative of populist rhetoric. This illustrates how populist discourse from heads of government can undermine communication between institutions and citizens.