Finally, Section IV.C contends that the functional method is inconsistent with the categorical approach, the default interpretive framework in ACCA cases.
By hinging the divisibility analysis on a judge's intuition regarding the means of committing a crime, the functional method permits a judge to by-pass the categorical approach in favor of a fact-based inquiry into the defendant's prior conduct--precisely the inquiry the Supreme Court rejected in Taylor.
The functional method, however, places no limit on the judge's ability to reach the modified categorical approach.
The functional method, however, would just as easily have allowed the Ford court to divide the Kentucky escape law in a more artificial way designed to allow the judge to reach the modified categorical approach: "escapes involving a serious potential risk of injury to another" and "escapes not involving a serious potential risk of injury to another." The court could then have consulted the Shepard documents, viewed the facts that led to the defendant's conviction, and categorized that conviction accordingly.
(162) Because the functional method permits courts to fashion categories without direction from the statutory text, these courts can create conduct-based distinctions that lack significant differences in degree of risk posed and that stifle uniform application.
The debate over whether to use the formal or functional method to divide a statute and employ the modified categorical approach is an example of the familiar distinction between "rules" and "standards." (163) The formal method is a rule-based system because the sentencing outcome is determined by the existence of an objective factor: whether the statute's text includes both violent and nonviolent ways of committing the crime.
Because functional-method courts will divide statutes and employ the modified categorical approach more often than formal-method courts, the functional method presents a more significant Apprendi concern than the formal method.
In this work, the initial-boundary value problems for the diffusion equation on Cantor sets within the local fractional derivatives were investigated by using the local fractional functional method
, which is a coupling method for local fractional Fourier series and Laplace transform based upon the nondifferentiable decomposition of the function with the nondifferentiable systems.
Bonds and the Thermodynamic Properties Dependent on Functional Methods. Different bond distances of ruthenium-ligands (Ru-L) which are reported in the literatures from their crystal structures are shown in Table 1.
Generally, we observed that the reproducibility of most of the properties is much easier using different basis sets compared to using different functional methods as a result of significant geometrical changes which is possible especially if there are many light atoms like hydrogen atoms as in the models.
Barone, "Toward reliable density functional methods without adjustable parameters: the PBE0 model," Journal of Chemical Physics, vol.