A ‘Non-Power’ Looks at Separation of Powers

On April 6, 1989, Dean, Alan B. Morrison of George Washington Law, delivered the Georgetown Law Center’s ninth Annual Philip A. Hart Memorial Lecture: A ‘Non-Power’ Looks at Separation of Powers. Dean Morrison is the Lerner Family Associate Dean for Public Interest & Public Service at GW Law. He is responsible for creating pro bono opportunities for students, bringing a wide range of public interest programs to the law school, encouraging students to seek positions in the non-profit and government sectors, and assisting students find ways to fund their legal education to make it possible for them to pursue careers outside of traditional law firms. For most of his career, Dean Morrison worked for the Public Citizen Litigation Group, which he co-founded with Ralph Nader in 1972 and directed for over 25 years. His work involved law reform litigation in various areas including: open government, opening up the legal profession, suing agencies that fail to comply with the law, enforcing principles of separation of powers, protecting the rights of consumers, and protecting unrepresented class members in class action settlements. He has argued 20 cases in the Supreme Court, including victories in Goldfarb v. Virginia State Bar (holding lawyers subject to the antitrust laws for using minimum fee schedules); Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (making commercial speech subject to the First Amendment); and INS v. Chadha (striking down over 200 federal laws containing the legislative veto as a violation of separation of powers). He currently teaches civil procedure and election law, and previously taught at Harvard, NYU, Stanford, Hawaii, and American University law schools. He is a member of the American Academy of Appellate Lawyers and was its president in 1999–2000. Among other positions, he served as an elected member of the Board of Governors of the District of Columbia Bar, a member and then senior fellow of the Administrative Conference of the United States, a member of the American Law Institute, and a member of the Committee on Science, Technology & Law of the National Academy of Science. He is a graduate of Yale University and Harvard Law School, served as a commissioned officer in the US Navy, and was an assistant U.S. attorney in New York

Low Shrinkage Bleaching of Unbleached Neutral Sulphite Semichemical Pulp

The main objective of this research project was the investigation of the most feasible method for the bleaching of a soft-cooked unbleached neutral sulphite semichemical aspen pulp cooked to a 70 percent yield. Furthermore, treatment of unbleached, laboratory bleached and commercially bleached neutral sulphite semichemical pulp with a new chemical, sodium borohydride, was also carried out. The results of our experimental work showed that, the best bleaching procedure was when 15 percent chlorine as hypochlorite was used in the first stage, followed by a hydrochloric acid soaking stage with a final treatment of 2.6 percent hydrogen peroxide. With the above procedure brightness values over 80 percent were obtained with the yields in the 90 percent range based on the weight of the pulp. Sodium borohydride treatment of the three pulps showed that, with regards to ultra-violet light and heat stability the chemical, sodium borohydride, had no effect on the unbleached and the bleached lignin-containing pulps. Treatment of the commercially bleached, lignin-free, pulp however showed that the chemical had a marked effect in improving the heat and light stability of the pulp. It was noted that with all three types of pulp the chemical sodium borohydride did procedure a bleaching effect

Application of Skylab EREP photographs to study of the modern episode of accelerated erosion in southern Arizona

The author has identified the following significant results. Indexing and analysis of the SL 2, SL 3, and SL 4 photos of the project area has shown that S-190A coverage with less than 30% clouds totals about 123,000 sq km. The 70-mm unenlarged color, color-infrared, B/W red, and B/W green bands from S-190A are of good to excellent quality; the B/W IR bands from SL 2 are excessively grainy and have very low resolution; those from SL 3 are better but nevertheless have low resolution. The 5-inch unenlarged color transparencies from S-190B are generally of excellent photographic quality. However, where cloud cover is extensive, commonly the S-190A and S-190B color and color-IR photos are correctly exposed for the clouds but considerably underexposed for the ground. The 4X enlargements of all bands of S-190A photos taken by SL 2 are much fuzzier than they should be; evidently the enlarger was not focused properly. The 4X enlargements from SL 3 are much superior

What the Shutts Opt-Out Right is and What it Ought to Be

This article discusses the ramifications of the U.S. Supreme Court\u27s decision in Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985), regarding the right of an absent class member to opt out of a class action. The article addresses both the current prevailing understanding of Shutts, which is based on the personal jurisdiction strain of due process jurisprudence, and what the authors believe is a more useful understanding, based on the property rights strain of due process jurisprudence. As an addendum to the article, the authors propose a new civil procedure rule governing class actions that would implement their ideas about opt-out rights and class action governance more generally

Modular Frobenius manifolds and their invariant flows

The space of Frobenius manifolds has a natural involutive symmetry on it: there exists a map $I$ which send a Frobenius manifold to another Frobenius manifold. Also, from a Frobenius manifold one may construct a so-called almost dual Frobenius manifold which satisfies almost all of the axioms of a Frobenius manifold. The action of $I$ on the almost dual manifolds is studied, and the action of $I$ on objects such as periods, twisted periods and flows is studied. A distinguished class of Frobenius manifolds sit at the fixed point of this involutive symmetry, and this is made manifest in certain modular properties of the various structures. In particular, up to a simple reciprocal transformation, for this class of modular Frobenius manifolds, the flows are invariant under the action of $I\,.

Assessment of flood damage in Arizona by means of ERTS-1 imagery

ERTS-1 MSS images clearly show two important effects of a large flood in southeastern Arizona - the extent of inundation and the areas affected by servere sediment deposition and erosion - although the images were made a week and a half after the flood. On October 20 and 21, 1972, the upper Gila River had its third-largest flood on record. Peak flows attained about 42,000 and 82,000 cubic feet a second at Duncan and Safford, Arizona, respectively. The first ERTS-1 images after the flood were made on November 1 and 2. The inundated area is best displayed on the infrared bands, particularly on band 7, where it appears as a belt along the river that is distinctly darker than adjoining parts of the flood plain. This dark belt does not appear on ERTS images that predate the flood. Presumably the low infrared reflectance of this belt is caused by still-moist soil and by flood-stressed vegetation. Inundation limits mapped from ERTS imagery agree well with those obtained by aerial photography during the flood and by ground surveys

Application of ERTS-1 imagery to detecting and mapping modern erosion features, and to monitoring erosional changes, in southern Arizona

The author has identified the following significant results. ERTS-1 multispectral images have been used, without additional data, to prepare three maps at 1:1 million scale of the 18,000 sq. mi. project area: (1) modern (post-1890 A. D.) arroyos and channels; (2) types of stream channels; and (3) potential erodibility of soils; surficial deposits, and bedrock. Also completed was the collection and compilation of ground truth geologic, soil, and hydrologic data. Field studies to obtain ground control for the photointerpretive mapping include: (1) measurements, at many sites, of the depth, width, and channel characteristics of arroyos and gullies, and cross profiles of stream channels, flood plains, and Holocene terraces; and (2) stratigraphic measurements of the Holocene alluvial deposits. Significant conclusions from these extensive stratigraphic studies are: Slow deposition of sediment was the dominant process on stream lowlands throughout the project area for at least 2000 years prior to 1890 A.D. The deposition was broken by only two relatively brief and minor erosional episodes of regional importance, when channels no more than a third of the depth of modern channels were cut. The modern erosion has produced within about 80 years substantially more and larger arroyos than any erosion episode during the last 2000 years, and the end is not in sight