Form Over Substance: How Tort Reform Policy Prevailed Over Constitutional Protection

Tort reform has become a prominent and contested issue as legislatures around the country are seeking to reconsider and rewrite the rules of civil tort litigation. Missouri, like many other states, focuses its effort on legislative remedy limitations in the form of statutory caps on noneconomic damages—attractive targets for nationwide reform efforts. There is uncertainty as to whether, and to what extent, this reform measure implicates the constitutional right to trial by jury. The Missouri Supreme Court addressed this issue in Ordinola v. University Physician Associates, and it affirmed the statutory caps on noneconomic damages imposed by the Missouri General Assembly in medical malpractice actions

Reality Check: The Aim of Affirmative Action May Often Miss the Mark of Equal Protection

The American justice system is built around basic guarantees of procedural due process. The Constitution assures certain procedural rights such as notice, an opportunity to be heard, and an impartial jury, not because these rights always ensure successful outcomes, but because they reflect notions of fairness, protection, and equality the nation views as fundamental. While the ultimate goal is that “justice” is served, the Constitution protects “process,” not outcome. If the desire is results-driven, why did the Framers prioritize protecting process over outcome

The Psychology of Persuasive Preaching with Special Reference to the Campus Ministry

Hence the Christian preacher will seek to direct his Message to the ear of his audience in the clearest and most Powerful manner possible. He must be like a window through which the light of\u27 God’s Word shines to the hearer. This implies that the preacher must understand the defects of public speech which cause a man to seem unpersuasive, self-conscious, or distasteful to an audience. It means that will have to cultivate harmonious cooperation between his Own mind and emotions, speech organs and body, to the end that become a good channel for the Word of God toward people. And it is to that end that this study is made to help the preacher understand the obstacles to effective communication, and to suggest guidelines that will be of help in persuasive preaching

A 200 GHz tripler using single barrier varactor

The GaAs Schottky varactor diode is the nonlinear device most commonly used for submillimeter wave harmonic generation. Output power adequate to serve as a local oscillator source for SIS tunnel junctions has been demonstrated with whisker-contacted GaAs Schottky varactor multipliers in waveguide mounts up to about 800 GHz. In this paper, we present results for a tripler to 200 GHz using a new multiplier device, the single barrier varactor (SBV). This new varactor has a potential advantages such as stronger nonlinearities or special symmetry, which make it attractive for submillimeter wave frequency multiplication. The performance of a tripler using a SBV over a output frequency range from 186 to 207 GHz has been measured in a crossed waveguide mount. The theoretical performance of the device has been calculated using large signal analysis. A comparison of theoretical and measured results and a discussion of various losses in the mount and the varactor have also been presented

Social and Religious Attitudes Among Lutheran Students

College students have probably been \u27investigated \u27 more than any other single category of people. They have certainly been the subject of many articles and essays in recent years. However, much of what has been written has either been without empirical basis altogether, or else the empirical research has focused on only a small minority of the campus population. Leo Cherne, executive director of the Research Institute of America

The impact of historical post-excavation modifications on the re-examination of human mummies

Many museums and institutions have collections that include human mummies. Although some of the mummies may have been analyzed prior to or since acquisition, many have never been scientifically studied or have not been re-examined in decades. The rapid development of technology for the analysis of ancient human remains affords researchers the opportunity to gather new data about mummies that were discovered and examined decades, or even centuries, ago. The implementation of technology for the analysis of human mummies has become routine and provides substantial new information about the individuals being studied. During the re-analysis of a mummy, early post-excavation modifications, often previously unknown to current museum curators and staff, are identified and will, in some circumstances, affect the analysis and accurate interpretation of data. There are also ethical and professional guidelines that should be applied to the use of technology for the study of human remains, including mummies. Museums make the protection of all human remains a priority and any plans for research using human mummies must be carefully considered and planned. New data from any research based on mummies in museums can be, and should be, applied to both academic analysis and interpretation and public presentation. This paper reviews some of the effects of past post-excavation efforts on the re-analysis and interpretation of three Iron Age bog mummies from northern Germany and a child mummy from South America, and highlights issues for museums who are considering undertaking or permitting analysis of mummies in collections

Principal performance evaluation: a nationwide status report on the type and effectiveness of evaluation as perceived by principals and supervisors

This study investigated the national status of principal performance evaluation including type of system, conditions of implementation, and effectiveness as perceived by principals and their evaluators and the relationship among these characteristics and the size and socioeconomic status of school and district. An instrument based on current models of principal evaluation and organizational structure and change was developed to gather data from high school principals, elementary principals, and their evaluators. A sample of 682 districts was randomly selected from a population of 9,760 school districts in 41 states following stratification by size and region, with a return rate of 62%;Frequent productive site visits, conferences, and quality feedback and direct evaluation of instructional leadership do not exist in many school districts; evaluators reported more frequent occurrences than principals. Forty-six percent of the systems had been in place less than five years; 25% for 10 years or more. Merit pay was tied to evaluation in 19% of the districts. Principals and evaluators believe that principal evaluation can impact student outcomes but indicated that this is not true in their district;Regression analysis was used to determine the relationship between type of evaluation and effectiveness, and conditions of evaluation and effectiveness. Research-based components of principal evaluation contributing to effectiveness of the evaluation system at the.05 level of significance were as follows: evaluators--direct evaluation of instructional leadership and quality feedback contributed 41% of the variance; high school and elementary principals--no relationship was found between type of evaluation and perceived effectiveness;Conditions of evaluation contributing 26% of the variance in effectiveness as perceived by evaluators of principals were degree of decentralization, span of control, and number of years in place. Correlation analysis was used to determine the relationship of size and socioeconomic status of district to type, conditions, and effectiveness of principal evaluation. Correlations are statistically significant but lack sufficient magnitude to be of practical significance. The exception is the correlation of span of control to size of high school (.509) and size of district (.550)

Herbig-Haro flows in B335

We have observed optical (Halpha and [SII]) and near-IR (S(1) line of H2) deep fields and taken optical spectra using the 2.56m NOT, as well as a near-UV deep field (U band) using the 3.58m NTT. In addition we present new SPITZER (IRAC and MIPS) mid-IR observations. We use previous Halpha and S(1) observations taken 15 and 9 years earlier to make proper motion maps. We then investigate the shock physics by matching our spectra with planar shock models. We discover six new HH objects in B335. From proper motions we find an optically bright, roughly E-W oriented group with high space velocities (200-280 km/s) and a near-IR bright, slower group (15-75 km/s) moving to the ESE. We also find a system of at least 15 H2 knots in the western lobe. This (WNW) counterflow suggests the possibility of a binary outflow source, giving rise to two outflow axes with slightly different orientations. We find that the E-W flow is symmetrical with evidence for two outbursts. We make the first detection of [OI] 6300/63 in HH119 B and Hbeta in HH119 A and B and find their extinctions to be AV~1.4 and 4.4, respectively. HH119 A is found to expand much faster than expected from linear expansion with distance from the outflow source. Using planar shock models we find shock velocities of ~60 km/s (A) and ~35 km/s (B and C). This agrees with A being of higher excitation than B and C. In our U image we detect three of the HH objects and propose that the emission arise from the [OII] 3728 line and the blue continuum. New SPITZER observations show most of the HH objects at 4.5 micron and a E-W elongated hour-glass shaped structure at the outflow source. Even at 24 micron it is not clear whether most of the light is direct or reflected.Comment: 23 pages, 15 figures, accepted in A&

Planar varactor frequency multiplier devices with blocking barrier

The invention relates to planar varactor frequency multiplier devices with a heterojunction blocking barrier for near millimeter wave radiation of moderate power from a fundamental input wave. The space charge limitation of the submillimeter frequency multiplier devices of the BIN(sup +) type is overcome by a diode structure comprising an n(sup +) doped layer of semiconductor material functioning as a low resistance back contact, a layer of semiconductor material with n-type doping functioning as a drift region grown on the back contact layer, a delta doping sheet forming a positive charge at the interface of the drift region layer with a barrier layer, and a surface metal contact. The layers thus formed on an n(sup +) doped layer may be divided into two isolated back-to-back BNN(sup +) diodes by separately depositing two surface metal contacts. By repeating the sequence of the drift region layer and the barrier layer with the delta doping sheet at the interfaces between the drift and barrier layers, a plurality of stacked diodes is formed. The novelty of the invention resides in providing n-type semiconductor material for the drift region in a GaAs/AlGaAs structure, and in stacking a plurality of such BNN(sup +) diodes stacked for greater output power with and connected back-to-back with the n(sup +) GaAs layer as an internal back contact and separate metal contact over an AlGaAs barrier layer on top of each stack