5,014 research outputs found

    Obiter Dicta

    Get PDF

    All Balls and No Strikes: The Roberts Court’s Anti-Worker Activism

    Get PDF
    For decades, legislatures and courts have created and preserved rights and remedies for vulnerable groups—consumers, employees, victims of mass torts, investors, and the like. Both branches have extolled the virtues of these substantive rights and the private enforcement mechanisms required to effectuate them. However, despite statements like that of Justice Roberts and others that the judiciary is not a lawmaking body—indeed, that the judicial institution should take care to exercise restraint—the Roberts Court has engaged in sweeping reform that tends to extinguish these substantive rights. In 2012, I traced how the Roberts Court paid scant attention to the integral role private enforcement plays in various regulatory frameworks in which given substantive laws operate. By reducing or eliminating mechanisms of private enforcement, I argued, entire swaths of substantive law would go woefully under-enforced. Since that time, the Roberts Court’s civil justice and procedural jurisprudence—jurisprudence that has brought about systematic retrenchment of substantive rights—reveals that the Roberts Court is not so much inattentive to the exigencies of various regulatory frameworks. Instead, the Roberts Court jurisprudence tends to reveal an affirmative deregulatory aim. Far from merely calling balls and strikes, and in opinions involving questions as varied as ones about class-action rule interpretation, the permissibility of collective action waivers in arbitration agreements, the ability to opt out of collective bargaining dues on First Amendment grounds, standing, and others, the Roberts Court has achieved sweeping deregulation in the past decade. As has been traced in the literature, these deregulatory effects have been particularly pronounced in the area of consumer law. Moreover, the deregulatory effects for the underlying substantive regimes have often been achieved through somewhat indirect, procedural decision-making, but those effects have been almost as significant as if the Court had simply re-written the particular rights-bearing statutes. During October Term 2017, the Court moved beyond consumer law and ramped up its efforts to effectuate deregulation of employment law. Whatever protections workers have enjoyed throughout our nation’s history have been secured in large part through private enforcement. And to be sure, on their faces, critical workplace protection laws like Title VII and the Fair Labor Standards Act (“FLSA”)—both of which rely almost exclusively on private litigation for their effectuation—remain completely intact. However, in three critical (but less-blockbuster-than-Masterpiece Cakeshop) cases—Janus v. American Federation of State, County, and Municipal Employees, Epic Systems v. Lewis, and Encino Motorcars—the Court in back-to-back 5-4 rulings stripped workers of mechanisms to pursue their rights against employers who commit wrongs in the workplace. Both history and present experience teach us that the Court’s recent opinions will help eliminate the regulatory apparatus for workplace injury, and private employers will enjoy increased ability to essentially rewrite their obligations under substantive law through procedural vehicles. This essay proceeds as follows: Part A traces the Court’s employment law jurisprudence from October Term 2017. Part B discusses the regulatory consequences of these opinions and argues that the Court’s opinions this past term reflect political commitments that favor and disfavor certain types of claims and claimants

    Luminescence tuning of MOFs via ligand to metal and metal to metal energy transfer by co-doping of 2∞[Gd2Cl6(bipy)3]*2bipy with europium and terbium

    Get PDF
    The series of anhydrous lanthanide chlorides LnCl3, Ln=Pr–Tb, and 4,4'-bipyridine (bipy) constitute isotypic MOFs of the formula 2∞[Ln2Cl6(bipy)3]*2bipy. The europium and terbium containing compounds both exhibit luminescence of the referring trivalent lanthanide ions, giving a red luminescence for Eu3+ and a green luminescence for Tb3+ triggered by an efficient antenna effect of the 4,4'-bipyridine linkers. Mixing of different lanthanides in one MOF structure was undertaken to investigate the potential of this MOF system for colour tuning of the luminescence. Based on the gadolinium containing compound, co-doping with different amounts of europium and terbium proves successful and yields solid solutions of the formula 2∞[Gd2-x-yEuxTbyCl6(bipy)3]*2bipy (1–8), 0≀x, y≀0.5. The series of MOFs exhibits the opportunity of tuning the emission colour in-between green and red. Depending on the atomic ratio Gd:Eu:Tb, the yellow region was covered for the first time for an oxygen/carboxylate-free MOF system. In addition to a ligand to metal energy transfer (LMET) from the lowest ligand-centered triplet state of 4,4'-bipyridine, a metal to metal energy transfer (MMET) between 4f-levels from Tb3+ to Eu3+ is as well vital for the emission colour. However, no involvement of Gd3+ in energy transfers is observed rendering it a suitable host lattice ion and connectivity centre for diluting the other two rare earth ions in the solid state. The materials retain their luminescence during activation of the MOFs for microporosity

    Silicon production process evaluations

    Get PDF
    Chemical engineering analysis of the HSC process (Hemlock Semiconductor Corporation) for producing silicon from dichlorosilane in a 1,000 MT/yr plant was continued. Progress and status for the chemical engineering analysis of the HSC process are reported for the primary process design engineering activities: base case conditions (85%), reaction chemistry (85%), process flow diagram (60%), material balance (60%), energy balance (30%), property data (30%), equipment design (20%) and major equipment list (10%). Engineering design of the initial distillation column (D-01, stripper column) in the process was initiated. The function of the distillation column is to remove volatile gases (such as hydrogen and nitrogen) which are dissolved in liquid chlorosilanes. Initial specifications and results for the distillation column design are reported including the variation of tray requirements (equilibrium stages) with reflux ratio for the distillation

    Structure and chemistry of Orion S

    Get PDF
    We present interferometric observations of the SiO J = 2-1, H^(13)CO^+ J = 1-0, HC_3N J = 11-10, CH_3OH J_K = 2_0-1_0, and SO_2 J(K_pK_0) = 8_(17)-8_(08) transitions along with the λ = 3.1 mm continuum toward the young stellar object Orion S. The HC_3N and H^(13)CO^+ emission trace similar spatial and velocity distributions which are extended and follow the Orion molecular ridge. The SiO emission is more spatially confined, peaking to the west of the λ = 3.1 mm continuum source, while the CH_3OH emission peaks to the southwest. Weak SO_2 emission was detected southeast of the continuum source position. Column densities and fractional abundances are derived for each species at different positions in the region. In general, the molecular abundances near the continuum source are similar to those in the quiescent material near IRc 2, but the abundances decrease toward the continuum source position indicating localized depletions of at least a factor of three. The presence of strong SiO emission with much weaker SO_2 emission is interpreted as resulting from high-velocity shock interactions between the outflow from Orion S and the surrounding cloud. The apparent molecular depletions directly toward Orion S, and the similarity of abundances between the Orion S region and quiescent ridge material, suggest that Orion S is at an early stage of chemical evolution, prior to when substantial chemical differentiation occurs
    • 

    corecore