3,822 research outputs found
The Surveyor shock absorber
Design and performance of hydraulic landing shock absorbers on Surveyor spacecraf
Prospective Overruling and the Revival of ‘Unconstitutional\u27 Statutes
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
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Feminine leadership as a response to new challenges in higher education : myth or reality?
This study explored the question of whether the literature on women\u27s leadership is relevant to the ways in which a select group of female community college presidents lead their institutions. Three bodies of literature are reviewed. First, the literature on the development and psychology of women is reviewed. Second, the literature on leadership behavior, in general, is reviewed. And third, the arguments for and against Feminine Leadership as a new and viable leadership model are reviewed. It is clear that the Feminine Leadership literature is derivative: It takes many concepts directly from the literature on women\u27s development, and reflects much of what the general leadership literature says about important leadership traits and behaviors. While not entirely original, it does provide particular areas of emphasis. Women, it contends, are relationship-oriented: They collaborate, they manage in participatory ways, and they provide a caring, nurturing environment in the workplace. These characteristics, we are told, are particularly valuable during times of crisis and change. In-depth interviews were conducted with four female Massachusetts community college presidents. The presidents were asked to talk about their career progressions, how they entered and effected change within their colleges, and the impact of the recent and dramatic cuts in state funding. The interviews were tape recorded and were analyzed from repeated listening to the tapes and written transcriptions. The results of the interviews were that the women were far more different as leaders than they were similar. Feminine Leadership was not found to be a defining concept for them, in or out of fiscal crisis, although their use of language often did reflect some of the major Feminine Leadership themes. This study concluded that the Feminine Leadership lens is too narrow to provide an understanding of the leadership of these four women. While relevant to particular individuals at particular times, it provides no common thread for understanding them as a group. Each leader brings to her role a unique blend of behaviors and characteristics which define her leadership in far more powerful ways than does the concept of Feminine Leadership
A study to explore perceptions of Michigan public school superintendents regarding charter schools
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
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A developmental and descriptive framework for desperate love.
PsychologyDoctor of Philosophy (PhD
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