The Clerk, the Thief, His Life as a Baker: Ashton Embry and the Supreme Court Leak Scandal

On December 16, 1919, Ashton Fox Embry, law clerk to Supreme Court Justice Joseph McKenna, abruptly resigned from the position he had held for almost nine years. His explanation? His fledgling bakery business required his undivided attention. Newspapers that morning hinted at a different reason: Embry resigned because he had conspired with at least three individuals to use inside knowledge of upcoming U.S. Supreme Court decisions to profit on Wall Street.2 A grand jury returned an indictment against Embry and his associates a few months later, and Embry’s argument that he had committed no crime ultimately reached the Supreme Court, the very institution he was accused of betraying. Despite the sensational headlines and fierce legal battle arising from his indictment, the United States Attorney quietly dismissed Embry’s case in 1929, almost ten years after the story had broken. Few Court scholars have ever heard of Embry, and the memory of Embry, much like the case against him, has disappeared with time.3 This article unravels the “Supreme Court Leak Case” by reconstructing what happened almost eighty years ago.     

Between rocks and a hard place: prehistoric funerary practices at Wādī Ḍebayʿān,northern Qatar

Archaeological survey by the Qatar National Historic Environment Record Project (QNHER) in 2009, led to the discovery of a Neolithic flint scatter, a settlement and an ancient, raised shoreline associated with higher, mid‐Holocene sea levels at Wādī ?ebay?ān, north‐western Qatar (Al‐Naimi et al. 2010, 2011; Cuttler, Tetlow & Al‐Naimi 2011). The QNHER project is a collaboration between Qatar Museums and the University of Birmingham, which over the past five years has developed a national geospatial database for the recording of archaeological sites and historic monuments in Qatar. A significant aspect of the project involved archaeological survey and excavation in advance of major construction projects. Between 2012 and 2014 excavations at Wādī ?ebay?ān revealed a burial of a typology previously unknown in Qatar, the unmarked graves (Cuttler, Al‐Naimi & Tetlow 2013).     

Influence of Handaxe Size and Shape on Cutting Efficiency: A Large-Scale Experiment and Morphometric Analysis

Handaxes represent one of the most temporally enduring and geographically widespread of Palaeolithic artifacts and thus comprised a key technological strategy of many hominin populations. Archaeologically observable variation in the size (i.e., mass) and shape properties of handaxes has been frequently noted. It is logical to ask whether some of this variability may have had functional implications. Here, we report the results of a large-scale (n?=?500 handaxes) experiment designed to examine the influence of variation in handaxe size and shape on cutting efficiency rates during a laboratory task. We used a comprehensive dataset of morphometric (size-adjusted) shape variables and statistical methods (including multivariate methods) to address this issue. Our first set of analyses focused on handaxe mass/size variability. This analysis demonstrated that, at a broad-scale level of variation, handaxe mass may have been free to vary independently of functional (cutting) efficiency. Our analysis also, however, identified that there will be a task-specific threshold in terms of functional effectiveness at the lower end of handaxe mass variation. This implies that hominins may have targeted design forms to meet minimal (task-specific) thresholds and may also have managed handaxe reduction and discard in respect to such factors. Our second set of analyses focused on handaxe shape variability. This analysis also indicated that considerable variation in handaxe shape may occur independently of any strong effect on cutting efficiency. We discuss how these results have several implications for considerations of handaxe variation in the archaeological record. At a general level, our results demonstrate that variability within and between handaxe assemblages in terms of their size and shape properties will not necessarily have had immediate or strong impact on their effectiveness when used for cutting, and that such variability may have been related to factors other than functional issues.     

Partisan Efficiency in an Open-Rule Setting: The Amending Process in the U.S. Senate, 1865–1945

Given significant differences between the House and Senate's amending processes, one would anticipate the Senate majority party to be far less successful when voting on the floor. However, recent work has demonstrated that majority party success on the Senate floor is remarkably similar to the House. We argue that an overlooked explanation for majority party success stems from its ability to control intra-party amending activity through coordination between members of the majority party. Utilizing a new data set consisting of all amendments receiving recorded roll call votes in the Senate from 1865–1945, we demonstrate that majority party extremists refrain from offering amendments despite the relative open-floor setting. Nevertheless, chamber majorities cannot restrict minority legislators from offering amendments designed to force them to cast uncomfortable votes and delay the legislative process.     

The camera goes down the streets. Dans les rues (Victor Trivas, 1933) and the Paris of the German émigrés

Marcel Carné's important clarion call to 1930s French cinema 'to take the camera down the streets' was uniquely troubled by the arrival of waves of German émigré filmmakers in the French capital. This article uses one émigré film set in Paris, Dans les rues (Victor Trivas, 1933), as a case study to discuss both the place of the city and the place of the outsider in cinematic cultural representation during this decade. It argues that despite right-wing critical discourse linking Jewish culture with the ill effects of city life, a film like Dans les rues can be seen as an important turning point in the on-screen depiction of Paris. Trivas's film may have looked backwards to 19th-century convention, but, at the same time, it responded uniquely to Carné's concerns to produce an important, though largely neglected, early example of poetic realism.     

The risk of harm to archaeological artefacts in soil from dynamic subsurface pressures generated by agricultural operations: experimental studies

An investigation was made of the fracture risk to buried ceramic pots and bones from the subsurface pressures generated by agricultural operations. A method for generating subsurface pressures at 0.25 m depth in a soil bin was developed and used to explore fracture failure of modern replicates of ceramic pots corresponding to different archaeological periods and aged medieval human bone. Application of conductive traces to the objects’ surfaces allowed detection of fracturing in real‐time without excavation. Predictive models relating fracture of objects to subsurface pressure application were developed by relating the probability of fracture to observed survival statistics at increasing subsurface pressures. Subsurface pressures of above 100 kPa were sufficient to fracture the more fragile pots at a probability level of 90%. The lowest subsurface pressure causing bone fracture was 280 kPa; however, no relationship was observed between subsurface pressure and bone fracture, probably due to variation in bone material. The subsurface pressures generated and applied are within the range reported from field measurements during typical agricultural operations. They indicate that measures to control the generation of subsurface pressures would be necessary to mitigate risk of harm from agriculture to buried archaeology; for example, via low‐pressure tyres, tracks and appropriate tillage.