138) The Court's statement in Nijhawan does not expressly reject the functional method, but it nevertheless implies that the Court considers the statutory text the appropriate place to look when conducting a divisibility analysis.
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.
Because it is very often possible (at least in theory) for a crime to be committed in a violent and a nonviolent way, a judge applying the functional method will have little trouble dividing the statute and conducting the expanded factual inquiry.
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.
Many CPA firms prefer the functional method because it's efficient and gives each professional the opportunity to develop specialized expertise.
This method also requires the staff to be more sophisticated than is the case in the functional method because each staff member needs to be familiar with a much broader range of technical areas.
Bonds and the Thermodynamic Properties Dependent on Functional Methods.
However, the variation in the values of HOMO, LUMO, and isotropic and anisotropic shielding at different functional methods shows that they depend more on the type of the functional and the geometrical change rather than on the type of the basis sets.
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.
