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Balkinization   |
Sunday, March 19, 2006
Bush Administration Claims Authority For Warrantless Physical Searches JB
This article in U.S. News and World Report states that the Bush Administration has taken the position that the President may authorize warrantless searches of the physical premises of persons suspected of having connections to terrorism or terrorist groups. Warrantless physical searches are "black bag jobs" in which a government operative breaks into a place without a warrant hoping to find incriminating (or otherwise useful) evidence. The best arguments for warrantless electronic surveillance do not apply to surreptitious breaking and entering. In particular, one cannot argue that going around the warrant requirement is justified by the need to amass vast amounts of electronic data in a data mining operation. Rather, the Administration simply doesn't want to have to tell anyone, much less a court of law, what it's doing, even if that involves breaking, entering and pilfering from the homes and offices of American citizens. What distinguishes law enforcement investigation from burglary and theft are procedures that hold executive officials accountable and require them to explain why their actions are necessary. Increasingly, the Administration wants to do without those essential checks on the power of the state. And there's a second disquieting revelation: Defenders of the President's NSA program have argued that warrantless electronic surveillance should be justified despite FISA because it is used for military purposes; going around FISA does not mean that the search is illegal, but merely that the material obtained will not be admissible in subsequent criminal prosecutions. However, the same U.S. News and World Report article reports that Bush Administration officials sought to use evidence from electronic warrantless searches in criminal prosecutions without identifying the means by which it was obtained, hoping to put one over on judges.
at some point in time, you have to wonder whether or not congress should investigate. at the very least, the overt failure of this administration to observe fundamental laws they have sworn to uphold should cause one to at least ask why, ask if high crimes and misdemeanors have been committed, ask whether or not this has been done systematically and deliberately, and ask if something should be done about it.
the failure of this congress to even bother asking questions, and instead to concentrate on ways that they can assist to suddenly turn violations of law into the law of the land, and then tell us that no laws have been committed, should have the rest of us asking if these members of congress should be allowed to keep their positions as well. complicity in crime is a crime itself. this country, because of this administration, has lost its moral focus. it is up to the rest of us to regain it. with this congress, the only way they will ever do anything is if they become convinced that they will personally lose their own positions of influence and power. the time has come where we need to take a stand and let the administration and do nothing congress know that they will be held accountable, if not via constitutional procedure, then via the ballot. it's the only way there will ever be any real meaningful action from this collection of losers.
When Balkin says "increasingly", you should read, "consistent with the practice of the Clinton administration and previous administrations".
The "essential checks" Balkin would require have never been part of the law. Interesting context, from then-D.A.G Jamie Gorelick's testimony to Congress on warrantless physical searches, back in 1994: In considering legislation of this type, however, it is important to understand that the rules and methodology for criminal searches are inconsistent with the collection of foreign intelligence and would unduly frustrate the President in carrying out his foreign intelligence responsibilities. Rule 41 of the Rules of Criminal Procedure requires a judicial warrant to search and seize (1) property that constitutes evidence of a crime; (2) contraband, that is the fruits of a crime or things otherwise illegally possessed; or (3) property designed or intended for use as the means of committing a crime. Normally, the federal officer conducting the search is required to serve a copy of the warrant on the person whose property is being searched and to provide a written inventory of the property seized. These rules would defeat the purposes and objectives of foreign intelligence searches, which are very different from searches to gather evidence of a crime. Physical searches to gather foreign intelligence depend on secrecy. If the existence of these searches were known to the foreign power targets, they would alter their activities to render the information useless. Accordingly, a notice requirement, such as exists in the criminal law, would be fatal. Likewise, only in extremely rare cases could a good faith representation be made that the purpose of the search was to gather evidence of a crime. In addition, because of the nature of clandestine intelligence activities by foreign powers, it is usually impossible to describe the object of the search in advance with sufficient detail to satisfy the requirements of the criminal law. Intelligence is often long range, its exact targets are more difficult to identify, and its focus is less precise. Information gathering for policy maker and prevention, rather than prosecution, are its primary focus. Prosecution is but one of many possible options that may be pursued at a later date. The Rule 41 requirements for the purpose of the search and ultimate notice to the person searched simply cannot be squared with the clandestine nature of searches directed at foreign powers or their agents. This fundamental difference was recognized by congress when the Foreign Intelligence Surveillance Act was enacted. In FISA, the privacy interests of individuals are protected not by mandatory notice but through in-depth oversight of foreign intelligence electronic surveillance by all three branches of government and by expanded minimization procedures. The Department of Justice has consistently taken the position that the Fourth Amendment requires all searches to be reasonable, including those conducted for foreign intelligence purposes in the United States or against U.S. persons abroad. For the reasons I just mentioned, however, we believe that the warrant clause of the Fourth Amendment is inapplicable to such searches. We are satisfied, therefore, that Attorney General approval of foreign intelligence searches pursuant to the President's delegation of authority in Executive order 12333 meets the requirements of the Constitution. Pre-FISA case law relating to electronic surveillance in the Fifth, Ninth, Third, and Fourth Circuits have confirmed this view. Additionally, when the Supreme Court determined that warrant requirements applied to electronic surveillance for domestic intelligence purposes in the Keith case, it specifically declined to apply this holding to foreign powers or their agents. There are fewer cases dealing with physical, as distinguished from electronic, searches, but it is important to recognize that, for Fourth Amendment analysis purposes, courts have made no distinction between electronic surveillances and physical searches. There were foreign intelligence physical searches involved in the Truong case that were upheld by the Fourth Circuit in 1980. And, in 1986, the United States District Court for the Eastern District of Virginia, in an unpublished opinion in the Chin case, upheld an Attorney General authorized physical search based on the Truong case. In a 1976 case, United States v. Ehrlichnan, the D.C. Circuit went to some lengths to point out that whatever search authority the President has can be exercised by the Attorney General, but not by other officials. The court, however, did not squarely define the extent to which the President had authority to authorize foreign intelligence searches. In 1984, during hearings on the FISA, the Senate Intelligence Committee requested a legal opinion from the Department of Justice on the constitutionality of Attorney General approved intelligence searches. The unclassified version of this opinion was subsequently published in volume 35 of the Catholic University Law Review and concluded that the President has this inherent authority and may delegate it to the Attorney General. As I stated earlier, we believe that existing directives that regulate the basis for seeking foreign intelligence search authority and the procedures to be followed satisfy all Constitutional requirements. Nevertheless, I reiterate the Administration's willingness to support appropriate legislation that does not restrict the President's ability to collect foreign intelligence necessary for the national security. We need to strike a balance that sacrifices neither our security nor our civil liberties.
validates the fears, shared by many, that are eloquently spelled out here by tom englehart, in his introduction to elizabeth de la vega's essay, Reprogramming the Infinite Loop:
This, after all, is the administration of adamant denials, followed by forceful non-confessions, followed by proud statements, followed by limited hang-outs, followed by even more grudging, only slightly less limited hang-outs. In that spirit, without a bit of insider information but with recent history as my guide and with consummate confidence, let me assure you that the NSA warrantless surveillance operation Elizabeth de la Vega takes up below will turn out to be anything but the limited program described in the first set of Bush administration fall-back positions. It will be a miracle if it has not swept up near-infinite American conversations, startling numbers of which won't have been conducted with overseas parties (and don't even get me started on the subject of the secret data-mining of our phone and email life); and surely, before we're done, it will turn out that this particular NSA surveillance program is only the tip of the administration's surveillance iceberg.
Your quotation from Gorelick's testimony was an interesting piece of legislative history. Your cherry-picked version of history, however, omits two rather important facts: 1) The same testimony said: "At the outset, let me emphasize two very important points. First, the Department of Justice believes, and the case law supports, that the President has inherent authority to conduct warrantless physical searches for foreign intelligence purposes and that the President may, as has been done, delegate this authority to the Attorney General. "Second, the Administration and the Attorney General support, in principle, legislation establishing judicial warrant procedures under the Foreign Intelligence Surveillance Act for physical searches undertaken for intelligence purposes. However, whether specific legislation on this subject is desirable for the practical benefits it might add to intelligence collection, or undesirable as too much of a restriction on the President's authority to collect intelligence necessary for the national security, depends on how the legislation is crafted." (My emphasis. 2) Congress, in fact, went on to amend FISA to include a requirement that physical searces for foreign-intelligence puproses be conducted only pursuant to a FISA warrant. (See 50 USC 1821 et seq, under "SUBCHAPTER II—PHYSICAL SEARCHES.") Your assertion that such checks "have never been part of the law" is simply false.
Dear Thomas,
Exactly who did you mean to denote when you used the word "we" in the last paragraph of your comment? Are we to infer that you are employed by DOJ or the White House? And if so, how do you look at yourself in the mirror?
Although Thomas punctuated his post poorly, all but the first three paragraphs of his post were a block quote from Deputy AG Jamie Gorelick's 1994 testimony.
Of course, as I show above, Thomas lifted the quote out of context. He also flatly (and deliberately?) misstated the law. In fact, FISA was amended after Gorelick testified, and for the last decade has required warrants for physical searches. Her quoted congressional testimony was in the context of a hearing on that amendment when it was proposed.
I thought my comment was clear enough. I'd have done a better version of a block quote, if it were clear to me how to accomplish that in comments. (I'm open to suggestions.) So, no, burnsie, I'm not in any way connected to the government.
jao is certainly right that FISA, as amended, is a "law" on point, and my initial comment was sloppy insofar as the language suggests otherwise. I took Balkin's argument to be a constitutional argument, not a statutory argument, and that was the point of my reply. Balkin's point, as I see it, is exemplied by the "essential checks" bit. So it is fair to point out that the "essential checks" aren't actually part of our fundamental law (or our understanding of what the rule of law requires) in any way, and have never been thought to be. Balkin's argument doesn't work, because, under the law, these physical searches are indistinguishable from the electronic searches in the much-discussed NSA program. The arguments regarding statutory interpretation and constitutional separation of powers are the same, and there's no need to reargue them here. (Perhaps not entirely the same--it is conceivable that the separation of powers arguments could turn on the particular facts, but since we don't have any particular facts, close enough.)
Balkin's argument doesn't work, because, under the law, these physical searches are indistinguishable from the electronic searches in the much-discussed NSA program.
I'm not convinced you've made a case for this. There are some important distinctions which are not clear from your Gorelick quote: 1. The difference between (a) US citizens in the US and (b) foreign agents. 2. The difference between 4th Amendment restrictions and statutes. To repeat JaO's point, Gorelick's position was NOT that Congress couldn't legislate limits on presidential authority -- she expressly said it could -- but that such limits would be unwise. This testimony not only fails to support the Bush position, it entirely negates it. The 4th A issue is trickier, partly because it's hard to know who's being searched and under what circumstances. If, however, the current Administration believes that it can conduct warrentless searches against US citizens inside the US, Gorelick's testimony does not appear to support that -- her reference is to searches "conducted for foreign intelligence purposes in the United States or against U.S. persons abroad."
mark field: To repeat JaO's point, Gorelick's position was NOT that Congress couldn't legislate limits on presidential authority -- she expressly said it could -- but that such limits would be unwise.
I don't think Gorelick even went that far. She merely warned that such limits could be unwise, depending on how they were structured. But I agree with your key point: The Clinton administration raised no constitutional objection to the FISA expansion. Of course, President Clinton signed the final version of the FISA amendment, IIRC.
Professor Balkin's headline and introductory paragraph are shockingly misleading.
He says, "Bush Administration Claims Authority For Warrantless Physical Searches ... [T]he Bush Administration has taken the position that the President may authorize warrantless searches of the physical premises of persons suspected of having connections to terrorism or terrorist groups." The article does not support Professor Balkin's claim. The article (1) alleges that Bush Administration "raised the issue" in September 2001, and (2) cites a former DOJ official who suggests that arguments in favor of the NSA program are also intended to set up a justification for such a program. That's a far cry from demonstrating that the Bush Administration has taken a position on the issue, much less than that such searches have occurred. Indeed, the article also says (1) that the FBI says that no such operations have been conducted, and (2) that there is no evidence that the Bush Administration has cited the legal authority to to carry out such searches. Finally, I note that even if it turns out that the searches occurred and that the White House cites the authorities as suggested, let's not rush to equate such warrantless searches with a violation of the Constitution. In the end, searches will be judged for reasonableness per the Fourth Amendment, and the global war on terror may very well make reasonable what would not be reasonable in the context of ordinary criminal prosecutions. Breathless posts like Professor Balkin's latest effort simply do nothing to evaluate the issue in useful, insightful fashion.
Just to clarify, I don't mean to suggest that Professor Balkin alleges that such searches have occurred. I just included that aside as a note to any one who draw that conclusion.
Professor Balkin's headline and introductory paragraph are shockingly misleading.
He says, "Bush Administration Claims Authority For Warrantless Physical Searches ... [T]he Bush Administration has taken the position that the President may authorize warrantless searches of the physical premises of persons suspected of having connections to terrorism or terrorist groups." The article does not support Professor Balkin's claim. I just re-read the article and it appears to me to say just what Prof. Balkin claims. A couple of quotes: "Meeting in the FBI's state-of-the-art command center in the J. Edgar Hoover Building, the lawyers talked with senior FBI officials about using the same legal authority to conduct physical searches of homes and businesses of terrorism suspects--also without court approval, one current and one former government official tell U.S. News. 'There was a fair amount of discussion at Justice on the warrantless physical search issue,' says a former senior FBI official. 'Discussions about--if [the searches] happened--where would the information go, and would it taint cases.'" "John Martin, a former Justice Department attorney who prosecuted the two most important cases involving warrantless searches and surveillance, says the department is sending an unambiguous message to Congress. 'They couldn't make it clearer,' says Martin, 'that they are also making the case for inherent presidential power to conduct warrantless physical searches.'" The article may be right and it may be wrong, but Prof. Balkin did not mischaracterize it. the global war on terror may very well make reasonable what would not be reasonable in the context of ordinary criminal prosecutions. This seems to be the crux of the dispute. Apparently we have devolved from "Give me liberty or give me death!", to "Here are all my liberties, just don't let the oogly booglies get me!".
First, I simply do not see how Professor Balkin's statement, "Bush Administration Claims Authority for Warrantless Physical Searches," can be squared with the article that stated, "It could not be learned whether the Bush administration has cited the legal authority to carry out such searches." Second, the paragraphs you cite, if true, only show that (A) Administration officials raised the issue in internal discussions, and (B) one observer believes that the arguments used in support of the NSA program are laying the groundwork for the defense of physical searches. Again, neither of those points supports a statement that the "Bush Administration Claims Authority for Warrantless Physical Searches". Quite frankly, what has happened is that Professor Balkin has breathlessly misinterpreted the US News article as saying more than it actually says. He ought to just correct the headline and, to the extent that it's inconsistent with the article, the remainder of his post. Given the final paragraph of his post, I think that his errors are quite plainly the result of his rush to criticize the President. His haste has resulted in a blatantly incorrect description of the US News article to which he links.
As for your last point -- This seems to be the crux of the dispute. Apparently we have devolved from "Give me liberty or give me death!", to "Here are all my liberties, just don't let the oogly booglies get me!". -- your colorful language doesn't hide the question-begging. We need to establish what "liberties" we have. In this case, we judge it by looking to the Fourth Amendment (which itself points to "reasonableness"). I dare say that the reasonableness of the searches described in the article has yet to be adjudicated by the courts. Just as exigent circumstances may make "reasonable" a search or seizure that would in other circumstances by "unreasonable," the present facts may make "reasonable" what is in other contexts "unreasonable." If the Framers and Ratifiers wanted to protect us against *all* searches and seizures, or even just *all warrantless* searches and seizures, they would have. To recognize that they haven't and to apply that recognized truth in the current context is not to "throw away our liberties."
I simply do not see how Professor Balkin's statement, "Bush Administration Claims Authority for Warrantless Physical Searches," can be squared with the article that stated, "It could not be learned whether the Bush administration has cited the legal authority to carry out such searches."
I think it can be squared with the passage which I quoted: "the lawyers talked with senior FBI officials about using the same legal authority to conduct physical searches of homes and businesses of terrorism suspects". Second, the paragraphs you cite, if true, only show that (A) Administration officials raised the issue in internal discussions ... Again, neither of those points supports a statement that the "Bush Administration Claims Authority for Warrantless Physical Searches". If I understand you, you are distinguishing between 1. A formal [public] claim of authority; and 2. Internal discussions in which lawyers apparently tried to convince the FBI to use the same authority that supposedly supported the wireless surveillance. I don't accept this distinction, for at least two reasons. First, the Administration's penchant for secrecy on these issues means that we have no way of knowing how far they pushed the search argument. There may even, for all we know, have been such searches. They hardly would have made a public claim if they were intent on covering up a program of warrantless searches. Second, even if the discussions were purely internal, I think it's fair to say that they "claimed authority". Maybe they backed off that claim later; in that case, the article was misleading but Prof. Balkin's summary was not, unless you're only criticizing a present tense verb. Just as exigent circumstances may make "reasonable" a search or seizure that would in other circumstances by "unreasonable," the present facts may make "reasonable" what is in other contexts "unreasonable." I don't disagree with this in principle, I disagree with its application to current world affairs. I personally have lived through a Cold War with hundreds, perhaps thousands, of nuclear warheads pointed at us; two major hot wars; an era of historically high domestic crime rates; and a series of terrorist actions including airplane hijackings, all without the need for warrantless searches. I simply don't believe the current world situation is "more exigent" than what we've proved we can handle with liberties intact.
So you're saying that "[Administration] lawyers talked with senior FBI officials about using the same legal authority to conduct physical searches" is synonymous with "[the] Administration claim[ed] authority for warrantless physical searaches"? I'm sorry, but that's ludicrous. Administration lawyers raise all sorts of issues in internal discussions -- are you suggesting that every position suggested by an Administration attorney is therefore "claimed" by the Administration? In that case, then the Bush Administration has "claimed" both sides of every issue in the Guantanamo debate, according the news coverage outlining the contradictory positions espoused, in-house, by the Yoo and Goldsmith camps. At the most rudimentary grammatical level, the argument makes no sense. The verbs -- "claim[ed]" versus "talked ... about using" -- plainly are not synonymous. Are we so eager to indict (impeach?) the Bush Administration that we're willing to take such convoluted positions? Honestly, there are important issues to debate in this (as they're doing at Yale this weekend), but nonsense like this does nothing to further the debate. Critics undermine their own credibility when they fall back on hokey allegations like these.
So you're saying that "[Administration] lawyers talked with senior FBI officials about using the same legal authority to conduct physical searches" is synonymous with "[the] Administration claim[ed] authority for warrantless physical searaches"?
Yes. The clear implication of the article was that they were pushing the FBI to agree to conduct searches on that basis. It was NOT a brainstorming sesssion, it was pressure: "FBI Director Robert Mueller was alarmed by the proposal, the two officials said, and pushed back hard against it." Other quotes from the article suggest a similar dynamic. I don't see any reason to doubt that the article reflects the Administration's actual claims. After all, the Constitutional arguments regarding physical searches and wiretaps are similar; once you take the position that warrantless wiretaps meet 4th A standards, it's hard, though not impossible, to make the distinction for physical searches under current case law.* Just curious -- has the Administration denied that they take such a position wrt physical searches? I know Gonzales dodged Leahy's questions about that in the Judiciary Committee hearings, but I haven't seen any other statements on that subject. *I'm leaving aside statutory issues here, obviously, as well as the fact that the specific details of any search will affect its validity under the 4th A.
So, again, you're saying that any issue "raised" by more than one Administration lawyer in the context of internal discussions constitutes a position "claimed" by the Administration? As I illustrated with the Yoo-Goldsmith debate, that position is plainly ludicrous.
So, again, you're saying that any issue "raised" by more than one Administration lawyer in the context of internal discussions constitutes a position "claimed" by the Administration?
No, that's not my position. My position is that the article referenced strongly infers that the Administration did "claim" a particular position wrt physical searches. I'm NOT arguing that the article is true or correct, though I suspect it is. I AM arguing that the lead-in did not misrepresent the article.
At best, the article demosntrates that a couple of lawyers raised (or, to be generous, "claimed") such authority in the context of intra-Administration talks. If that is equivalent to "the Administration" "claiming" such authority, then the terms "the Administration" and "claiming" are for all practical purposes meaningless.
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The article doesn't draw such conclusions. Neither should its readers, including you and Professor Balkin. |
Books by Balkinization Bloggers Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |


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This article like Bring It! Center – Charge Up and Refuel is part of Jakub's Corner which is me the Marketing and Social Media Intern for the NIU College of Business introducing and informing you on the various resources available on campus. This week we will be highlighting the Experiential Learning Center.
You might be asking yourself, what is the Experiential Learning Center? The NIU College of Business Experiential Learning Center or simply the ELC to those of us who are familiar with it connects teams of the very best students with accomplished executives. Over the course of a 16-week collaboration, NIU students apply their energies and talents to help solve cross-functional business issues. It is a terrific opportunity to apply the knowledge, skills, and theories that you have learned in the classroom to find real business solutions. That is exactly what draws me to the ELC, the idea that it gives you the opportunity to learn in a way that is different from the traditional classroom. You can do all the homework and take all the tests you want but nothing compares to real world experience.
Some highlights of the ELC are that you will earn 3 credit hours for participating, you will be given the opportunity to build your resume and develop a valuable skillset, you will receive professional coaching, and you will also be given exclusive access to cutting-edge lab technology and facilities. That's right, you are earning credit in exchange for invaluable experience that will set you apart from the crowd. In addition, the ELC has partnered with such companies as McDonald's, Caterpillar, McKesson Pharmaceutical, Abbott and many more. A handful of students have even received jobs as a result of participating on an ELC Team.
One of my biggest regrets in college thus far has been that I have not done an ELC Project. With that being said, Spring 2015 Projects have been revealed and applications are being accepted on a rolling basis so please don't miss out on a truly life changing opportunity. Until next time, this is Jakub's Corner.

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US 7846344 B2 Abstract Light in the visible spectrum is modulated using an array of modulation elements, and control circuitry connected to the array for controlling each of the modulation elements independently, each of the modulation elements having a surface which is caused to exhibit a predetermined impedance characteristic to particular frequencies of light. The amplitude of light delivered by each of the modulation elements is controlled independently by pulse code modulation. Each modulation element has a deformable portion held under tensile stress, and the control circuitry controls the deformation of the deformable portion. Each deformable element has a deformation mechanism and an optical portion, the deformation mechanism and the optical portion independently imparting to the element respectively a controlled deformation characteristic and a controlled modulation characteristic. The deformable modulation element may be a non-metal. The elements are made by forming a sandwich of two layers and a sacrificial layer between them, the sacrificial layer having a thickness related to the final cavity dimension, and using water or an oxygen based plasma to remove the sacrificial layer.
Claims(31) 1. A method for making an interferometric modulator, comprising:
providing a substrate;
forming a lift-off stencil over said substrate;
depositing a material over at least a portion of said lift-off stencil;
removing said lift-off stencil from said substrate to thereby pattern said material; and
depositing a support membrane over said material, wherein said support membrane is configured to exhibit a tensile residual stress.
2. The method of
forming a lift-off layer; and
patterning the lift-off layer.
3. The method of
4. The method of
5. The method of
dissolving a polymeric material in a solvent;
spinning on said polymeric material; and
hardbaking said polymeric material.
6. The method of
7. The method of
spinning on a photoresist layer on said lift-off layer;
patterning said photoresist layer to produce a patterned photoresist;
removing a portion of said lift-off layer that is not covered by said patterned photoresist; and
removing said patterned photoresist.
8. The method of
9. The method of
10. The method of
11. The method of
12. The method of
13. The method of
14. The method of
15. A method for making an interferometric modulator, comprising:
providing a substrate;
forming a lift-off stencil over said substrate;
depositing a material over at least a portion of said lift-off stencil, wherein depositing the material comprises depositing a first spacer material; and
removing said lift-off stencil from said substrate to thereby pattern said material.
16. The method of
17. The method of
18. The method of
19. The method of
20. The method of
21. The method of
22. The method of
depositing a photoresist layer over said first spacer and said second spacer; and
etching back said third spacer.
23. The method of
24. The method of
removing said photoresist layer;
depositing a new photoresist layer over said first spacer; and
etching back said second spacer and said third spacer.
25. The method of
26. The method of
forming a second lift-off stencil over said substrate;
depositing a second spacer material over at least a portion of said second lift-off stencil; and
removing said second lift-off stencil.
27. The method of
28. The method of
spinning on a second photoresist layer; and
patterning said second photoresist layer by overexposure.
29. The method of
immersing said second lift-off stencil in a solvent; and
agitating said solvent with ultrasound.
30. The method of
31. The method of
forming a third lift-off stencil over said substrate;
depositing a third spacer material over at least a portion of said third lift-off stencil; and
removing said third lift-off stencil.
Description This is a continuation of U.S. patent application Ser. No. 11/056,571, filed on Feb. 11, 2005, which is a continuation of application Ser. No. 09/966,843, filed on Sep. 28, 2001, now U.S. Pat. No. 6,867,896, which is a division of application Ser. No. 09/056,975, filed on Apr. 8, 1998, now U.S. Pat. No. 6,674,562, which is a continuation-in-part of application Ser. No. 08/769,947, filed on Dec. 19, 1996, now abandoned, a continuation-in-part of application Ser. No. 08/238,750, filed on May 5, 1994, now U.S. Pat. No. 5,835,255, and a continuation-in-part of application Ser. No. 08/554,630, filed on Nov. 6, 1995, now abandoned, which is a continuation-in-part of application Ser. No. 08/238,750, filed on May 5, 1994, now U.S. Pat. No. 5,835,255. All of the foregoing are hereby incorporated by reference. 1. Field of the Invention This invention relates to visible spectrum (including ultra-violet and infrared) modulator arrays. 2. Description of the Related Art Visible spectrum modulator arrays, such as backlit LCD computer screens, have arrays of electro-optical elements corresponding to pixels. Each element may be electronically controlled to alter light which is aimed to pass through the element. By controlling all of the elements of the array, black and white or, using appropriate elements, color images may be displayed. Non-backlit LCD arrays have similar properties but work on reflected light. These and other types of visible spectrum modulator arrays have a wide variety of other uses. In general, in one aspect, the invention features modulation of light in the visible spectrum using an array of modulation elements, and control circuitry connected to the array for controlling each of the modulation elements independently, each of the modulation elements having a surface which is caused to exhibit a predetermined impedance characteristic to particular frequencies of light. Implementations of the invention may include the following features. The surface may include antennas configured to interact with selected frequencies of light, or the surface may be a surface of an interference cavity. The impedance characteristic may be reflection of particular frequencies of light, or transmission of particular frequencies of light. Each of the modulation elements may be an interference cavity that is deformable to alter the cavity dimension. The interference cavity may include a pair of cavity walls (e.g., mirrors) separated by a cavity dimension. One of the mirrors may be a broadband mirror and the other of the mirrors may be a narrow band mirror. Or both of the mirrors may be narrow band mirrors, or both of the mirrors may be broad band, non-metallic mirrors. The cavity may have a cavity dimension that renders the cavity resonant with respect to light of the frequency defined by the spectral characteristics of the mirrors and intrinsic cavity spacing in an undeformed state. One of the mirrors may be a hybrid filter. One (or both) of the walls may be a dielectric material, a metallic material, or a composite dielectric/metallic material. The cavity may be deformable by virtue of a wall that is under tensile stress. The control circuitry may be connected for analog control of the impedance to light of each element. The analog control may be control of the degree of deformity of the deformable wall of the cavity. The predetermined impedance characteristic may include reflection of incident electromagnetic radiation in the visible spectrum, e.g., the proportion of incident electromagnetic radiation of a given frequency band that is, on average, reflected by each of the modulation elements. The modulation element may be responsive to a particular electrical condition to occupy either a state of higher reflectivity or a state of lower reflectivity, and the control circuitry may generate a stream of pulses having a duty cycle corresponding to the proportion of incident radiation that is reflected and places the modulation element in the higher state of reflectivity during each the pulse and in the lower state of reflectivity in the intervals between the pulses. The characteristic may include emission of electromagnetic radiation in the visible spectrum. The characteristic may include the amount of electromagnetic radiation in the visible spectrum that is emitted, on average, by the antennas. The characteristic may be incident electromagnetic radiation in the visible spectrum. The modulation elements may include three subelements each associated with one of three colors of the visible spectrum. The modulation element may be responsive to a particular electrical condition to occupy either a state of higher transmissivity or a state of lower transmissivity, and the control circuitry may generate a stream of pulses having a duty cycle corresponding to the proportion of incident radiation that is transmitted and places the modulation element in the higher state of transmissivity during each the pulse and in the lower state of transmissivity in the intervals between the pulses. The characteristic may include the proportion of incident electromagnetic radiation of a given frequency band that is, on average, transmitted by each of the modulation elements. The visible spectrum may include ultraviolet frequencies, or infrared frequencies. In general, in another aspect of the invention, the control circuitry may be connected to the array for controlling the amplitude of light delivered by each of the modulation elements independently by pulse code modulation. In general, in another aspect, the invention features a modulation element having a deformable portion held under tensile stress, and control circuitry connected to control the deformation of the deformable portion. Implementations of the invention may include the following features. The modulation element may be self-supporting or held on separate supports. The deformable portion may be a rectangular membrane supported along two opposite edges by supports which are orthogonal to the membrane. The deformable portion, under one mode of control by the control circuitry, may be collapsed onto a wall of the cavity. The control circuitry controls the deformable portion by signals applied to the modulation element, and the deformation of the control portion may be subject to hysteresis with respect to signals applied by the control circuitry. In general, in another aspect, the invention features modulating light in the visible spectrum using a deformable modulation element having a deformation mechanism and an optical portion, the deformation mechanism and the optical portion independently imparting to the element respectively a controlled deformation characteristic and a controlled modulation characteristic. Implementations of the invention may include the following features. The deformation mechanism may be a flexible membrane held in tensile stress, and the optical portion may be formed on the flexible membrane. The optical portion may be a mirror. The mirror may have a narrow band, or a broad band, or include a hybrid filter. In general, in another aspect, the invention broadly features a non-metal deformable modulation element. In general, in another aspect, the invention features a process for making cavity-type modulation elements by forming a sandwich of two layers and a sacrificial layer between them, the sacrificial layer having a thickness related to the final cavity dimension, and using water or an oxygen based plasma to remove the sacrificial layer. Among the advantages of the invention are the following. Very high-resolution, full-color images are produced using relatively little power. The embodiment which senses the image incident on the array has relatively low noise. Their color response characteristics are tunable by selection of the dimensions of the antennas. The antenna or cavity embodiments are useful in portable, low power, full color displays, especially under high ambient light conditions. Phase controlled reflective embodiments are useful in passive light scanning such as optical disk readers without moving parts. The emissive embodiments also could be used as display devices especially in low-ambient-light conditions. Because of the dielectric materials used in some embodiments, the devices have the advantage of being extremely light efficient, making them especially appropriate for high intensity projection displays, and reducing or eliminating the need for backlighting in low ambient light applications. In addition, more accurate color representations are possible, as well as designs optimized for the IR and UV. Mechanical hysteresis precludes the need for active drivers, and this coupled with their geometric simplicity and monolithic nature brings defect losses down significantly. The devices are also exceptionally fast, low power, and non-polarizing. The fact that they can be reflective and/or transmissive enhances their flexibility. The process for fabrication as represented in some embodiments relies on benign chemicals, minimizing waste disposal problems, and facilitating the fabrication of devices on a variety of substrates (e.g., plastics or integrated circuits) using a larger variety of materials. Devices on plastic substrates have the potential of being extremely inexpensive. All of the manufacturing technologies used are mature, further reducing manufacturing costs. Other advantages and features of the invention will become apparent from the following description and from the claims. Referring to Referring to On a second, internal layer 36 of screen 22 so-called tri-busses 38 (shown as T-shaped blocks in On a third, base layer 44 of screen 22 a set of circuit modules 46 are arranged in a two-dimensional rectangular array corresponding to the layouts of the tri-dipoles and tri-busses. Each circuit module 46 is connected to its corresponding tri-bus 38 by a six-conductor link 48 running from layer 36 to layer 44 in a manner described below. Each circuit module 46 electronically controls the optical characteristics of all of the antennas of its corresponding tri-dipole 30 to generate the corresponding pixel of the image on screen 22. Circuit modules 46 are connected, via conductors 50 running along layer 44, to an edge of layer 44. Wires 52 connect the conductors 50 to control and power circuitry 26 which coordinates all of the circuit modules 46 to 25 generate the entire image. Referring to Referring to Referring to The placement of link 42 perpendicular to the surface of layer 34 allows arms 90, 92 (formed on the surface of layer 34) to be spaced at an actual spacing Z that is closer than lambda/2, the minimum required effective Y dimension of bases 86, 88. Spacing Z may be chosen based on the bandwidth/gain tradeoff, and for example may be one quarter of the resonant wavelength for the dipole antennas of a given section (i.e., lambda/4, or 0.1125 microns (lambda1/4), 0.1325 microns (lambda2/4) and 0.15 microns (lambda3/4) for antennas 66, 68, 70, respectively). Referring to Each bus pair 100, 102, 104 has two parallel buses 108, 110. Bus 108 electrically connects together the arms of the dipole antenna 5 of the corresponding section and, independently, the related bus 110 electrically connects together the arms 92 of the dipole antennas of that same section. Points 106 delineate a series of fragments 112, 114, 116 on each of the three bus pairs 100, 102, 104, respectively. Each fragment forms part of one or more of the bases 86, or 88 and therefore contributes to the effective Y dimension. The lengths (Q) of fragments 112, 114, 116 are one-half of the resonant wavelengths (i.e. lambda/2) of the sections 60, 62, 64, or 0.225 microns (lambda1,/2), 0.265 microns (lambda2,/2), and 0.3 microns (lambda3/2), respectively. The conductors of link 48 ( Referring to Tri-busses 38 (not seen in The individual circuit elements are connected to each other and to external contact pad 136 ( Semiconductor substrate layer 132 is deposited directly on top of the remaining exposed oxide layer 140 and conductors 142, 50. Holes 146 (one shown) (opened using a suitable lithographic technique) are channels for the electrical conductors 147 of links 48, which connect tri-bus 38 and circuit module 46. Tri-bus 38 is etched from a sheet of aluminum deposited onto the surface of layer 132. The deposition process fills holes 146, thereby forming the conductors of links 48. Substrate layer 130 is deposited onto the surface of substrate layer 132 and tri-bus 38. The arms of dipole antennas 80 are formed by depositing a sheet of aluminum onto the surface of layer 130 and etching away the unwanted metal. During the deposition process holes 148 are filled thereby forming the conductors 149 of links 42 between the arms of dipole antenna 80 and tri-bus 38. The conductors 149 are the uppermost parts of bases 86, 88 ( The length of the conductors 149 is determined by the thickness of the substrate 130 through which links 42 pass. Substrate 130 and links 42 are 0.05625 microns (i.e. lambda1,/8) thick. This thickness is achieved by controlling the deposition rate of the semiconductor material as layer 130 is formed. The length of the conductors 149 is determined by the thickness of the substrate layer 132 through which they pass. This, layer and links 48 are therefore also 0.05625 microns 20 thick. The Y dimensions for the dipole antennas 66, 68, 70 of sections 60, 62, 64 therefore are as follows: (a) For section 60, Y equals the sum of 0.05625 microns (length of the conductor in link 42, lambda1,/8)+n*0.225 microns (where 0.225 microns=lambda2/2, the length of a fragment 112, and n=the number of fragments 112 in each base 86, 88 of the nth dipole antenna 66 n)+0.1125 microns (length of fragment 124, lambda1/4)+0.05625 microns (length of the conductor in link 48, lambda1/8), and that sum equals (n+1)*(lambda1/2). (b) For section 62, Y equals the sum of 0.05625 microns (length of link 42, lambda1/8)+n*0.265 microns (where 0.265 microns=lambda2/2, the length of a fragment 114, and n=the number of fragments 114 in each base 86, 88 of the nth dipole antenna 68 n)+0.1125 microns (length of fragment 126, (lambda2/2)−(lambda1/4))+0.056−25 microns (length of the conductor in link 48, lambda1/8), and that sum equals (n+1)*(lambda1/2). (c) For section 64, Y equals the sum of 0.05625 microns (length of conductor in link 42, lambda1/8)+n*0.3 microns (where 0.3 microns-lambda3/2, the length of a fragment 116, and n equals the number of fragments 116 in each base 86, 88 of the nth dipole antenna 70 n)+0.1875 microns (the length of fragment 128, (lambda3/2)−(lambda1/4))+0.05625 microns (length of conductor in link 48), and that sum equals (n+1)*(lambda3/2). Referring again to In that case, each tri-dipole 30 receives ambient light having a broad spectrum of wavelengths and is controlled by the corresponding circuit module to reflect only that portion of the ambient light manifesting the hue and brightness of the desired corresponding pixel. The hue generated by tri-dipole 30 depends on the relative intensities of the light reflected by sections 60, 62, 64. The overall brightness of that hue of light in turn depends on the absolute intensities of the light radiation reflected by sections 60, 62, 64. Thus, both the hue and brightness of the light generated by tri-dipole 30 can be controlled by regulating the intensity of the light reflected by the dipole antennas in each section of the tri-dipole; this is done by controlling the reflectivity of each dipole antenna, i.e. the percentage of the light of the relevant wavelength for that dipole antenna which is reflected. The desired percentage is attained not by regulating the amount of light reflected at any given instant but by arranging for the antenna to be fully reflective in each of a series of spaced apart time slots, and otherwise non-reflective. Each dipole antenna, in conjunction with its circuit module, has only two possible states: either it reflects all of the light (at the antenna's resonant frequency), or it reflects none of that light. The intensity is regulated by controlling the percentage of total time occupied by the time slots in which the dipole antenna occupies the first state. Each dipole antenna is controlled to be reflective or not by controlling the impedance of the dipole antenna relative to the impedance of the medium (e.g., air) through which the light travels. If the medium has an effective impedance of zero, then the relationship of the reflectivity of the dipole antenna to zero (the controlled impedance of the dipole antenna) can be derived as follows. If we define a three-axis system x-y-z in which the x and y axes are in the plane of the array and the z axis is the axis of propagation of the incident and reflected waves, where z=0 is the surface of the array, then the incident plus reflected wave for z<0 may be represented as:
where E (overbar) is the complex amplitude of the electric field of the sum of the transmitted wave and the reflected wave; E 0 is the complex amplitude of the electric field of the transmitted 20 wave; E r, is the complex amplitude of the electric field of the reflective wave; x(hat) is the orientation of the electric field of the wave; H is the amplitude of the magnetic field; y(hat) is the orientation of the magnetic field; μ0 is the permeability of free space; ∈0 is the permittivity of free space; k=ωsqrt[μ0∈0] is the wavenumber; and η=sqrt[μ0/∈0] is the impedance of free space. For z>0 (i.e., within free space) only the transmitted wave exists and is represented by
E(overbar) is the complex amplitude the transmitted wave at z=0, kt=sqrt[μ∈] is its wavenumber; η=sqrt[μ/∈] is the impedance of the medium, i.e. z>0. Boundary conditions (z=0) for tangential electric fields are imposed on equations 1 and 2 and they are combined to yield,
In the same way, continuity for tangential magnetic fields (z=0) at the boundary yields,
Dividing equations 5 and 6 by E 0, and E 0/η0 respectively gives the following two equations:
E r/E 0 is called r and is the complex reflection coefficient while E t/η0=T is called the complex transmission coefficient, and ηt/η0=ηn. is the normalized wave impedance. Solving for T and Γ yields
For matched impedance values, η0=ηn, the reflection coefficient is zero, and T=1 (i.e., no reflection), and in the case of a load at the boundary, a matched antenna, there is complete absorption. As ηn approaches zero or infinity, the reflection coefficient approaches plus or minus one, implying total reflection. Referring to To generate an entire image on screen 20, power and control circuitry 26 receives a video signal (e.g. a digitized standard RGB television signal) and uses conventional techniques to deliver corresponding signals to modules 46 which indicate the relative desired intensities of light reflected from all sections 60, 62, 64 of all of the tri-dipoles in the array at a given time. Circuit modules 46 use conventional techniques to deliver an appropriate stream of input control signal pulses to each bias source 164 on line 168. The pulse stream on each line 168 has a duty cycle appropriate to achieve the proper percentages of reflectance for the three Sections of each tri-dipole. Referring to For example, if a particular pixel of the image is to be brown, the relative intensities required of the three red, 25 green, and blue sections 60, 62, 64 may be, respectively, 30, 40, and 10. The input signals to the bias sources 164, carried on lines 168, would then have duty cycles, respectively, of 30%, 40%, and 10%. An adjacent pixel which is to be a brown of the same hue but greater brightness might require duty cycles of 45%, 60%, and 15%. Referring to In another embodiment, the light comprising the image is emitted by tri-dipoles 30 rather than being produced by reflected ambient light. In that case, each tri-dipole generates the light for a single pixel with a hue and brightness governed by the intensities of the light emitted by each of the three sections 60, 62, 64. Each dipole antenna within a tri-dipole is caused to emit light at the resonant wavelength of that antenna by stimulating it using a signal whose frequency corresponds to the resonant wavelength. Thus, the sections 60, 62, 64 will emit blue (lambda1), green (lambda2), and red (lambda3) light respectively when provided with signals whose frequencies equal, respectively, lambda1, lambda2 and lambda3. For an idealized dipole, the current I and current density J (overbar) (r′overbar) are described by
where g is the charge density; z(hat) indicates the direction of the current (along the z-axis); ω is angular frequency; and d is the distance between ideal point charges representing the dipole. The vector potential A(overbar) in polar coordinates is given by
where θ represents the angle relative to the dipole; θ(hat) is the angular orientation of the wave; μ0 is the permeability of free space; r is radius from the dipole; r(hat) is radial orientation of the wave; Ar is the radial component of the vector potential; Aθ is the angular component of the vector potential; and k is a factor which is used to represent sinusoidally varying waves. The H field is given by where θ is elevation, with respect to the dipole. The E field is given by, The far-field equation is given by
Equation (16) describes the radiation pattern away from a dipole antenna at distances significantly greater than the wavelength of the emitted electromagnetic wave. It is a very broad radiation pattern providing a wide field of view at relevant distances. Referring to In circuit 200 (an a stable multivibrator), the center pair of coupled transistors 202, 204 are the primary active elements and will oscillate if the circuit admittance's are set appropriately. Diodes 206, 208, 210, 212 provide coupling capacitance's between the transistors and the inductors 214, 216 are used to tune the operating frequency. In a third embodiment, an image of the object is focused by a conventional lens (not shown in The signals generated for each tri-dipole are generated by the corresponding circuit module 46 and represent the hue and brightness of the light radiation received at that tri-dipole. Each section of tri-dipole 30 can only be used to measure light having the resonant wavelength of its respective dipole antennas, however, because most colors can be expressed as a combination of red, green, and blue, circuit module 46 can, by independently measuring the intensity of the light radiation received at each section 60, 62, 64, derive a signal which specifies the hue and intensity of the received pixel. Referring to In this embodiment, circuit module 46 includes a terminating load resistor 315 connected across ends 308, 310. The controlled impedance of the combination of dipole antenna 80 and resistor 315, described by the equations set forth below, is equal to z0. The voltage of the pulse across resistor 315 (created by an incident photon) is illustrated by the sine wave graph above register 15 and is described generally by the following equation
Because zL=z0, ΓL=0, and equation 17 simplifies to
A pulse detector 318 amplifies and sharpens the resulting pulse to a square wave form as shown, which is then used as the clock (CLK) input 319 to a binary counter 320. The output of the binary counter is sampled at a regular rate; collectively the samples form a digital signal representing the intensity of received light radiation over time. Each time counter 320 is sampled, it is reset to zero by a pulse on control line 322, Counter 320 thus serves as a digital integrator that indicates how much light arrived in each one of a succession of equal length time periods. Referring to In another embodiment, the array of tri-dipoles is operated as a phased array. The operation of phased arrays is discussed more fully in Amitay, et al., Theory and Analysis of Phased Array Antennas, 1972, incorporated herein by reference. By controlling the spacing of successive tri-dipoles across the array and the relative phases of their operation, wave cancellation or reinforcement can be used to control the direction in three dimensions and orientation of the radiation. Beams can thus be generated or scanned. In the case of an array used to sense incoming radiation, the array can be made more sensitive to radiation received from selected directions. Other embodiments are also possible. For example, referring to Referring to Referring to The scanning of pixels could be done other than by pulse width modulation, for example, using charge coupled devices to shift packets of charge along the rows of pixels. Referring to Referring to In order to reduce the number of conductors 50, selected tri-dipoles could be used to receive control signals transmitted directly by light and to pass those control signals to the control circuits of nearby active tri-dipoles. The dipoles could be mono-dipoles comprised of only a single dipole antenna, all with the same resonant wavelength. Dipole antennas 470 could be randomly arranged on the surface of layer 472 of screen 22. A different color regime, e.g. cyan-magenta-yellow, could be substituted for RGB. Spiral, biconical, slotted, and other antenna configurations could be substituted for the dipole configuration. The array could be three-dimensional. The successive tri-dipoles in the array can be oriented so that their respective antennas are orthogonal to each other to enable the array to interact with radiation of any arbitrary polarization. The PIN diodes could be replaced by other impedance controlling elements. Such elements might include quantum well transistors, superconducting junctions, or transistors based on vacuum microelectronics. Further improvement could be achieved by reducing the complexity of the third layer containing control circuitry. The electronics required to get control signals to the circuitry could be eliminated by the use of laser or electron beams to provide such signals. This would have the advantage of allowing for arrays of even higher density. The array could be fabricated on a transparent substrate, thus facilitating transmissive operation. In other embodiments, the antenna arrays alone (without control circuitry or connection buses) may be fabricated on one-half of a microfabricated interferometric cavity. The antenna array can be considered a frequency selective mirror whose spectral characteristics are controlled by the dimensions of the antennas. Such a cavity will transmit and reflect certain portions of incident electromagnetic radiation depending on (a) the dimensions of the cavity itself and (b) the frequency response of the mirrors. The behavior of interferometric cavities and dielectric mirrors is discussed more fully in Macleod, H. A., Thin Film Optical Filters, 1969, incorporated by reference. Referring to Because layers 506 and 502 are parallel, radiation which enters any of the cavities from above or below the array can undergo multiple reflections within the cavity, resulting in optical interference. Depending on the dimensions of the antenna array, as explained above, the interference will determine its effective impedance, and thus its reflective and/or transmissive characteristics. Changing one of the dimensions, in this case the cavity height (i.e., the spacing between the inner walls of layers 502, 506), will alter the optical characteristics. The change in height is achieved by applying a voltage across the two layers at the cavity, which, due to electrostatic forces, causes layer 506 to collapse. Cavity 498 is shown collapsed (7 volts applied), while cavity 499 is shown uncollapsed (0 volts applied). In another embodiment, In an alternative fabrication scheme, In yet another scheme, Referring to When the device is driven and the geometry altered to collapse (right side of figure), the resonant frequency of the device also changes. With the correct cavity dimensions, all of the incident light (delta lamba) is reflected. The equations which explain the performance of the cavity are set forth at the bottom of There are a number of particular frequency response modes which would be useful in applying the invention to displays. The spectral characteristics of the mirrors used can be referred to as broad-band and narrow-band. The mirrors are optimized for the visible range with a broad band mirror operating across the entire visible range (i.e., reflecting over a minimum range of 400 nm to 700 nm). Such a mirror is denoted in the stack formula 1.6710.775 (ERS) 0.833M (ERS)1.671 where ERS denotes an equal ripple filter. The ERS filter has layers which are a quarter wavelength thick, and their refractive indices are n0=1.671, n1=1.986, n2=1.663, n3=2.122, n4=1.562, n5=2.240, n6=1.495, n7=2.316, n8=1.460, n9=2.350, n10=1.450. A narrow-band filter optimized for the color green would reflect only over the range of 500 nm to 570 nm, and transmit everywhere else. Such a filter is described by the stack formula 1C1 2C2 (3A/2 3B1 3A/2)2 (3A/2 3B 3A/2)6 (3A/2 3B1 3A/2)21.52 where the refractive indices are nA=0.156, nC2=nB1=1.93, and nB=2.34. The cavity spacing (i.e., cavity height) in both driven and undriven states can be set to a predetermined value by the film thicknesses used in its construction. These two values determine whether a cavity is resonant or non-resonant. For a resonant cavity, the spacing is determined such that the undriven state coincides with the resonant peak of the narrower of the two mirrors. When a device is non-resonant, it must be driven in order for the device to become resonant. For example, if the undriven cavity spacing were 535 nm then, because this coincides with the center of the previously defined narrow-band mirror, there would be a transmission peak at this frequency. Peak spacing for this cavity is 267 nm so the other peaks, which would occur in the standard Fabry-Perot fall outside of range of the narrow band mirror. This would be considered a resonant cavity because the peak occurs in the undriven state. Driving the cavity so that the spacing were 480 nm would result in no transmission peak because all of the cavity peaks are outside the range of the narrow-band mirror. For all practical purposes the narrow-band mirror does not exist at this frequency and therefore the transmission peak disappears. In Like Thus, when one of the mirrors is narrow banded, mirror a for example, the transmission approaches zero for frequencies outside its range. This is essentially the transmission of mirror b. When both of the mirrors are narrow banded, the transmission becomes a maximum outside the frequency range. In either case, the spurious peaks typical of a fabry-perot are avoided. The result is a device which can be described as a single mode resonant cavity. When both of the mirrors are narrow banded, then fabry-perot type behavior occurs only when the cavity spacing is correct. Making the mirrors narrow enough allows only a single peak to occur. Then it is unnecessary to be concerned about spurious peaks that might occur within the visible range. In the undriven state, the hybrid filter (a green centered narrow bandpass/induced absorber) reflects everything but the green light, which is unaffected by the induced absorber and subsequently reflected by the metallic mirror. Thus the overall cavity response is like that of a broad-band mirror. When in the driven state, the hybrid filter comes into contact with the metallic mirror. The absorber couples the green light into the mirror, and the result is an absorption peak at that wavelength. Referring to A full nine-pixel display comprises three replications of the array of Referring to Either the three plane or the single plane approach may be used in either transmissive and reflective modes. Pixel size and overall display size can be altered to make the displays useful in many different display and spatial light modulator applications. These include direct view and projection displays, optical computing, holographic memory, and any other situation where a one or two dimensional modulator of light can be used. Because these structures depend on electrostatic attraction, which varies in an exponential fashion with cavity spacing, while the mechanical restoring force of the membrane varies linearly with cavity spacing, they exhibit hysteresis. As seen in The display can be addressed and brightness controlled using control pulse sequences in the driving voltage. Shown is a timing diagram for a 3�3 pixel array analogous to that shown in The intensity or brightness of a pixel may be varied by changing the fraction of the scan during which the pixel is activated. The scan cycle begins at 198 and ends at 199. The frequency of the scan pulses is such that six pulses of a given row fall within the scan cycle, providing an opportunity to activate a pixel at any one of six times during each cycle. Once the pixel is activated it stays on until the end of the cycle. Therefore six different intensities are possible for each pixel. For the scan shown, pixel C1R1 is at full brightness, pixel C2R2 is at 4/6 brightness, and pixel C3R2 is at ⅙ brightness. All pixels are cleared at the end of the scan and the cycle begins again. Since these structures can be driven at frequencies as high as 50 kHz, this method of brightness control is practical. Assuming six brightness levels, there would be a possibility of more than 8 thousand row scans per second. Two processes for fabricating the arrays will be discussed; others may also be possible. Referring to The substrate is then coated with the primary conductor/mirror layer(s) 702. This can be achieved using a physical vapor deposition (PVD) method such as sputtering or e-beam evaporation. Other possible methods include chemical vapor deposition and molecular beam epitaxy. The dimensions and nature of the layer(s) depend on the specific configuration desired. Detailed examples are discussed below. Referring to Referring to Alternatively, the conductor/mirror may be defined using the well-known procedure called lift-off. This procedure is used to define a layer in a subsequent step and is described below. Referring to Referring to Referring to In Referring to Referring to Referring to The former allows resulting structures to be underetched without damage by using water as the final etchant. Water is an extremely benign solvent, and makes possible the incorporation of many different mirror, conductor, and structural materials in the final device. The latter insures that subsequent layers conform to the variations of the substrate and therefore primary conductor/mirror. This parallelism is essential for the optical behavior of the resonant cavity devices. The spacer may also be composed of a polymeric material such as hardbaked photoresist or polyimide. To achieve the required thickness uniformity, a technique other than spinning must be used to deposit the polymer. Two such techniques include extrusion and capillary coating. The consequence of using such a spacer is that all subsequent process steps must be low temperature in nature to prevent outgassing and shrinkage of this layer. In this case, the spacer is ultimately removed using an oxygen plasma. The stencil is subsequently removed using an ultrasonic acetone bath and methanol rinse. This also removes or lifts off excess deposited spacer material and is what constitutes the final step of the lift-off process. Alternatively, by using negative photoresist and an oppositely polarized mask, a natural overhang may be produced via overexposure. The same may be accomplished with positive photoresist using a technique known as image-reversal. This would preclude the need to put down a sacrificial photoresist layer and a subsequent SiO2 layer. Referring to The membrane must have the appropriate optical characteristics as well. For visible light this would mean transparency in the visible region. Silicon nitride is one candidate for this role for it can be deposited using plasma enhanced chemical vapor deposition (PECVD) with controlled stress. Other candidates include silicon dioxide, magnesium fluoride and calcium fluoride, all of which can be deposited using e-beam evaporation with a resulting tensile stress. In In Referring to One variation on this step involves the use of n-butyl alcohol to displace the water when the etch is finished. The devices are then placed in a chamber at approximately 32 degrees centigrade to cause the alcohol to freeze. After this step the devices are placed into a vacuum chamber where the air is then evacuated. This causes the alcohol to sublime and can reduce membrane sticking during the drying phase. Another alternative process has initial steps of assembly shown in Thereafter, in In In In In The step shown in In In The final etch is accomplished in a manner described above. All of the materials used for the mirrors must be deposited in such a way that their stress can be controlled. Ideally, they are deposited as �stress balanced� which means that the overall stress of the film or film stack is zero. Since the ultimate goal is that the support membrane conductor/mirror combination have an overall tensile stress, conductor/mirror films with compressive stress may be accommodated by having a high stress support membrane. The technique of ion assisted e-beam deposition (IABD) precludes the need for such accommodation. Using this technique, the residual stress of almost any film of interest may be controlled by bombarding the substrate with a stream of neutral ions during the deposition process. This make possible the total mechanical decoupling of the support material from the optical material. As a result, emphasis can be placed on depositing an optically neutral support membrane with ideal mechanical characteristics. In the same manner, a �mechanically neutral� (i.e. stressless) conductor/mirror can be deposited with ideal optical characteristic. Referring to The use of a metal as both mirror and conductor simplifies fabrication. Unfortunately the spectral characteristics of the metallic layer cannot be tailored, and the performance limits devices to very specific kinds of behavior. Layer 904 is an insulator and/or reflection enhancement film. This can be formed by oxidizing the metal, if aluminum is being used, in an oxygen plasma thus forming a thin layer of aluminum oxide. Alternatively, insulating layers or reflection enhancement layers may be deposited in a manner discussed before. Metallic mirrors must be somewhat transmissive and therefore no more than several hundred angstroms thick. Insulator films can have thicknesses from one hundred to several thousand angstroms. Their thickness is determined by the kind of voltages expected in driving the devices. Referring to Alternatively, these mirrors may be deposited using a technique known as codeposition. In this case, PVD is used to deposit two materials with different refractive indices simultaneously. Using computer control the refractive index of the resulting film can be varied continuously between those of either film. This deposition technique makes possible mirrors with virtually any spectral characteristic. The ability to design the characteristics of this mirror allow for devices with a greater variety of modes of operation. Unfortunately, because the conductive layer is not perfectly transparent, additional losses are incurred as a result. Referring to Response times of this device may suffer as a result of decreased conductor area. Referring to Referring to The general process for fabrication of the devices is set forth in this as well as in the parent applications. Additional details of two alternative ways to fabricate spacers with different sizes are as follows; other ways may also be possible. Both alternative processes involve the iterative deposition and patterning of a sacrificial spacer material which, in the final step of the larger process is, etched away to form an air-gap. Referring to Referring to Other embodiments are within the scope of the following claims. Patent Citations
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Free US Shipping over $25! | Save 20% On All Seed Beads!* Ends 05.12.15 4 PM PDT! Use Code: GHVFMQ
See the tabs below for all products and tools used in this technique, plus any additional tips that may be helpful to you!
String a bead or beads on the head pin. Remember to have at least an inch of wire above the last bead.
Using the tips of your chain nose pliers, grab the wire directly above the beads.
With your finger, push the wire to a 90° angle.
Using your round nose pliers, grasp the wire right at the bend.
Pull the wire around the round nose pliers until it is almost pointing directly down.
Reposition your pliers by opening your round nose pliers (but do not pull the pliers out of the loop) and pivot your pliers so the bottom tip is on the top.
Continue pulling the wire around the nose of the pliers until the loop is completely round.
To then wrap the loop, grip the loop with the chain nose pliers and grip the wire with your fingers.
Wrap the wire around the head pin. Continue wrapping the wire down to the bead.
Using the wire cutters, cut off the extra wire as close as you can to the beads.
Tuck the remaining tip of wire with your chain nose pliers so there are no sharp pieces of wire sticking out that can snag on clothing.
Copyright © 2004 – 2015 Fusion Beads, Inc. FusionBeads.com®


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Cascade Color Duo Yarn is a similar yarn: alpaca, hand wash, 4.5 sts / inch, 100 gram, 70% baby alpaca, 30% merino wool, on size 8 US needles, 197 yards. You make also like Cascade Eco Highland Duo Yarn, which is another similar yarn: alpaca, hand wash, heavy worsted/aran (16-18 sts/4 in), 4.5 sts / inch, 100 gram, on size 8 US needles, 197 yards.
You may enjoy taking a look at the Cascade Yarns Highland Duo Cell Stitch Cowl, Cascade Yarns Highland Duo Japanese Lace Mitts, and Cascade Highland Jul Infinity Scarf kits all using Cascade Highland Duo Yarn.
Hopefully our suggested project ideas for Cascade Highland Duo Yarn can help you come up with your next exciting new project idea!


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The New School for Social Research
The New School > The New School for Social Research NSSR > Mirrors of Nature: Philosophical Accounts of Realism in Pictorial Representation and Audio Recording
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Pictures have long been an influential model for understanding what it is for thoughts and linguistic expressions to realistically represent the world. This seminar lays the groundwork for assessing the fecundity of such an approach by first focusing on the case of pictures themselves and what it is for them to be realistic. We will then test this model by assessing its usefulness in understanding a philosophically neglected form of mechanical representation: namely, audio recording. Along the way, we will discuss a series of related topics, including the question of what it is for something to be a representation; the generic differences between linguistic, pictorial, and phonographic representational systems; whether pictorial realism is a relation between ourselves and pictures or between pictures and the world; whether the mechanical nature of photography makes it an inherently more realistic representational system than drawing or painting; and, finally, the overall usefulness of drawing upon pictorial realism as a model for understanding realism in other sorts of representational systems. Authors to be discussed will include Ernest Gombrich, Nelson Goodman, John Hyman, John Haugeland, John Kulvicki, Stanley Cavell, Joel Snyder, and Casey O'Callaghan.
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the boots are great I bought another pair in a different color
I ordered the cognac in a 42 would should equate to about men's size 9. I wear a 9 - 9 1/2 and occasionally a 10. Unfortunately these boots were much larger than a 9 1/2 in my opinion. In fact they seemed closer to a 10 1/2. They were both marked "42" so I have to assume that these run a bit large. It's too bad because they are really nice looking boots at a terrific price. I gave them 4 stars only because of the size problem. I haven't reordered at this time.
These boots are to die for. My husband says they're very comfortable and I love how they look with jeans. I wish overstock had the women's style for me. I'm very satisfied with this purchase.
I followed and trusted the women who bought a pair for her husband, to whom "she was to a makeover". She seemed sincere and I went with it. She was dead on, they are very classy. I might even by them at twice the price. I also bought the Taupe. Cool dead on color. In Taupe, you do not want to be tucking your pants inside. Way to "not classy". Extremely comfortable with the little extra padding on the inside soul. I have been looking all winter for a slip on "hang out" boot. These are classy yet practical. My friends 20 year old son who is a club DJ said "they are off the chain". I am 60yrs. old so I believed I got the whole demographic covered. I should have bought 2 pair for this price. I have a daughter in college, so I was not about to spend $300.00+. That is not practical for me now. However, I like these more than pairs I saw for $300.00+. I kid you not...
I took a chance on these. These are sharp in my book. I am giving my husband a much needed make-over. He wouldn't spend money on himself if he had to. This year he graduated college. Got the job he'd been training for. We moved across country. I'm spoiling him for once! My Step Father is a man with class and he thought these were the cats meow. So there you go gentlemen!
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Seasons of Gray
Hated and betrayed by his brothers, Brady Gray is forced off the family ranch and must start a new life in Dallas. With a good job and a promising romance, better days seem to lay ahead until Brady is framed for a crime he doesn't commit. Incarcerated and alone, Brady once again searches for hope in his pain and order in the chaos. Through a series of strange events, he is unexpectedly released to a life of freedom and re-hired to a position of power. Winning back the woman he loves seems to be the final step in the twisted maze until the most unexpected twist of all leaves him face to face with the brothers who rejected himwhose world now hangs in his hands.
Cast: Jonathan Brooks, Megan Parker, Mark Walters, Akron Watson, Andrew Cheney
Produced by:
Directed by: Paul Stehlik Jr.
Written by: Sarah Stehlik
Running time:
1hr 28min
Opens: Sep 16, 2011 Limited
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Contemporary 18K white gold and diamond dangle earrings. Total diamond weight is 1.87 carats. Post and backs.
Meriwether McGettigan has been in the jewelry business for more than 30 years. Her unique boutique has the rarefied feel of an elite European club, catering to a global clientele whose tastes run to vintage Tiffany, Lalaounis, Cartier, Verdura, Van Cleef & Arpels, and other fine jewelers, as well as spectacular artisanal pieces from around the world. Meriwether frequently lectures at various venues to collectors, enthusiasts, and industry insiders on jewelry from the Retro Period (1930s and '40s) and important 20th-century designers.


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24 CFR 886.330 - Work write-ups and cost estimates.
Title 24 published on 2014-04-01
no entries appear in the Federal Register after this date.
Title 24 published on 2014-04-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 24 CFR 886 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-00357 RIN 2502-AJ22 Docket No. FR-5654-P-01 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Office of the Assistant Secretary for Housing—Federal Housing Commissioner Proposed rule. Comment Due Date. March 16, 2015. 24 CFR Parts 880, 881, 883, 884, 886, and 891 This proposed rule would amend existing project-based Section 8 regulations related to Management and Occupancy Reviews (MORs) and Vacancy Payments for the following programs: the Section 8 Housing Assistance Payments (HAP) Programs for New Construction, Substantial Rehabilitation, State Housing Agencies, New Construction financed under Section 515 of the Housing Act of 1949, the Loan Management Set-Aside Program, the HAP Program for the Disposition of HUD-Owned Projects, and the Section 202/8 Program. This rule would also amend the existing Section 162 regulations related to Vacancy Payments for the Section 202 Projects. Under this rule, MORs would be conducted in accordance with a schedule published in the Federal Register and subject to public comment. The first such schedule is being published for comment concurrently with this proposed rule, and can be found elsewhere in today's Federal Register . HUD is proposing this change in order to reduce the frequency of MORs, thereby minimizing interruptions in property operations created by onsite reviews, preserving staff time, and reducing costs. In addition, this proposed rule would reduce the vacancy payments made to the owner by HUD for a vacant assisted unit.


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With 20,000 celebrity birthdays available, there is no more in depth roster than TheCelebrityCafe.com's Celebrity Birthday section.
Curious about an actor's date of birth? Maybe you'd like to know which stars of sports, film and music share your special day, or were born on today's date. It couldn't be easier. Within seconds of entering a date, you'll receive a detailed list of stars in chronological order. Browsing through our in-depth directory will satisfy your interest, and maybe even surprise you. So, get started, right now!


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Video Description
January 28, 2015 (Updated)
Video description is audio-narrated descriptions of a television program's key visual elements....
Closed Captioning Display Requirements for Equipment
January 28, 2015 (Updated)
Closed captioning is the visual display of the audio portion of video programming. Captioning...
Captioning of Internet Video Programming
February 20, 2015 (Updated)
Closed captioning is the visual display of the audio portion of video programming. Captioning...
Internet Protocol Version 6: IPv6 for Consumers
July 16, 2014 (Updated)
What is IPv6? In order to connect devices over the Internet, each device must have an Internet...
Protect Your Smart Device
April 10, 2012 (Published)
The theft of wireless devices, particularly smartphones, is sharply on the rise across the country...
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April 2, 2012 (Published)
Pursuant to the 1992 Cable Act, the Commission adopted federal standards aimed at improving the...
License Renewal Applications for Television Broadcast Stations
March 13, 2012 (Published)
Renewal of licenses for commercial and noncommercial TV broadcast stations, Class A TV broadcast...
March 3, 2015 (Updated)
Robocalls are unsolicited prerecorded telemarketing calls to landline home telephones, and all...
VRS Reform
June 18, 2013 (Published)
Releases and Actions:On January 17, 2014, the FCC held a stakeholders' meeting for establishing an...
Most Common Form 323 Filing Errors
September 29, 2011 (Published)
Below is information on the most common filing errors and how to avoid them. Please read the...


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- Details
Binaural Assembly for Littmann® Master Cardiology, Cardiology III and Cardiology II S.E. Stethoscopes - Burgundy, 27 inch (69cm). A binaural assembly that includes double-lumen tubing, eartubes and eartips. Designed for use with Littmann Master Cardiology, Cardiology III, and Cardiology II S.E. stethoscopes. Available in various lengths and a selection of classic tube colors.
- Additional Information
Model Littmann Stethoscope Parts + Spares Style No Color Code No Color Description No Finish No Size No Color No Brand Littmann Stethoscope Gender No Features No Engraving No Headset No Diaphragm No Chestpiece No Overall Acoustic Performance No Main Application No Warranty No User Group No - Reviews
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How many days are in a week? Judging from my weekly blog posts, there are 14 days in a week. *sigh* Well, I knew my schedule was going to be a little erratic this summer but apparently underestimated slightly.
Now, to be fair, I'm actually not all that far behind schedule. It might have looked that way over the last couple of weeks, but that's because I tend to hold onto code and continue to revise commits until I have a large chunk of functionality working.