3,812 research outputs found

    The Surveyor shock absorber

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    Design and performance of hydraulic landing shock absorbers on Surveyor spacecraf

    Prospective Overruling and the Revival of ‘Unconstitutional\u27 Statutes

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    The Supreme Court\u27s decision in Planned Parenthood v. Casey reshaped the law of abortion in this country. The Court overturned two of its previous decisions invalidating state restrictions on abortions, Thornburgh v. American College of Obstetricians and Gynecologists and Akron v. Akron Center for Reproductive Health, and it abandoned the trimester analytic framework established in Roe v. Wade. At the time Casey was handed down, twenty states had restrictive abortion statutes on the books that were in conflict with Akron or Thornburgh and which were unenforced. In six of these states, courts had held the statutes unconstitutional. Almost as soon as the Casey ruling was announced, the campaign to secure enforcement of these restrictions began. Are these statutes good law, despite the fact that they were once in conflict with governing Supreme Court precedent (and in some cases had been judicially determined to violate women\u27s constitutional rights)? Alternatively, will they have to be re-enacted by the legislature to be enforceable? These questions highlight the revival issue. The revival issue arises when a court overrules a prior decision in which it had held a statute unconstitutional. (We will throughout this article refer to the first decision as the invalidating decision, and to the second decision as the overruling decision. ) Should the enforceability of a statute passed prior to the overruling decision be determined by reference to the invalidating decision--in which case the statute would have to be repassed to be in effect--or by reference to the overruling decision--in which case the statute would not have to be repassed? In other words, does the overruling decision automatically revive a previously unenforceable statute? The way in which the revival issue is resolved will thus determine whether, in light of Casey, previously unenforced statutes became enforceable without the need for any post-Casey legislative action. In addition to affecting what kind of abortion regulations are in effect in twenty states in the immediate wake of Casey, this determination has profound consequences for the kind of abortion regulations that will be in effect in these states in the future. Such long-term consequences reflect the fact that our governmental system is not one of pure majoritarianism and that the burden of inertia in our legislative process is heavy: as we will discuss, statutes on the books can stay on the books even if a current majority no longer desires them; in contrast, proposed statutes need supermajoritarian support to secure passage. Therefore, the starting point for future legislative action--such as whether pre-Casey abortion regulations are enforceable--influences the legislative action that in fact develops

    Judicial Right Declaration and Entrenched Discrimination

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    Byline: The 1982 National Newspaper Awards

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    A study to explore perceptions of Michigan public school superintendents regarding charter schools

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    This research studied perceptions of public school superintendents in Michigan regarding charter schools. Superintendents in Genessee, Macomb, Oakland, Washtenaw, and Wayne Counties comprising 111 school districts, completed a two-part survey about charter schools that was developed by Ogden (1995) and modified for the current study. The survey consisted of 5 sections that measured perceptions in the following areas of charter schools: personal reactions to charter schools, intentions of charter schools, responsiveness of charter schools, effects of charter schools on public education, and funding issues involving charter schools and a short demographic survey. Superintendents were provided the opportunity to comment in three areas: accountability of charter schools, protections for students and parents in charter schools, and general observations. The largest group of superintendents agreed that charter schools were part of the future of public education, but were very skeptical about the ability of charter schools to provide better educational outcomes for students. They also agreed that the intent of charter schools was to increase student success, but not in the vocational area. Superintendents were quite negative regarding the idea that charter schools were a response to the business community\u27s demand for change in education. Finally, superintendents were very concerned that charter schools were impacting negatively on public school funding. Their negativity in this area was supported by their voluntary responses in the comments section of the survey. Significant findings were indicated on several items in sections 1, 2, 3, and 4 of the survey when compared to Ogden\u27s study. Mean scores on two sections of the survey, responsiveness of charter schools and effects of charter schools on public education were significantly below the mean, indicating that superintendents generally disagreed with the statements in these sections. In the sections on personal reactions to charter schools and funding issues involving charter schools, were significantly above the mean, indicating the superintendents were in agreement in regards to these areas of charter schools. The superintendents\u27 mean scores on the fifth subscale, intentions of charter schools, did not differ from the neutral point

    Purine metabolism in cultured endothelial cells

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