Runyon Reconsidered: The Future of Section 1981 as a Basis for Employment Discrimination Claims

On April 25, 1988, the Supreme Court ignited a controversy by announcing that it would reconsider\u27 its ruling in Runyon v. McCrary, a landmark 1976 civil rights decision, in a case currently before the Court, Patterson v. McClean Credit Union. Runyon affirmed the right of certain minority groups to sue private entities for unlawful discrimination under 42 U.S.C. Section 1981. Patterson calls into question the origin of the present Section 1981. This Note discusses the elements of the controversy unleashed by the Court: the origin and operation of the present Section 1981 and its relation to Title VII of the Civil Rights Act of 1964, as amended. In addition, the Note treats the legal doctrines of state action and stare decisis with respect to Runyon and its progeny addressing employment discrimination. The Note concludes that reversal of Runyon could substantially unsettle American law and set national civil rights policy on a course back to the future

Runyon Reconsidered: The Future of Section 1981 as a Basis for Employment Discrimination Claims

On April 25, 1988, the Supreme Court ignited a controversy by announcing that it would reconsider\u27 its ruling in Runyon v. McCrary, a landmark 1976 civil rights decision, in a case currently before the Court, Patterson v. McClean Credit Union. Runyon affirmed the right of certain minority groups to sue private entities for unlawful discrimination under 42 U.S.C. Section 1981. Patterson calls into question the origin of the present Section 1981. This Note discusses the elements of the controversy unleashed by the Court: the origin and operation of the present Section 1981 and its relation to Title VII of the Civil Rights Act of 1964, as amended. In addition, the Note treats the legal doctrines of state action and stare decisis with respect to Runyon and its progeny addressing employment discrimination. The Note concludes that reversal of Runyon could substantially unsettle American law and set national civil rights policy on a course back to the future

Hayes and Mobley: Bridging the Definition of Disability under the Ohio Workers\u27 Compensation Act and the Americans with Disabilities Act of 1990

On June 11, 1997, the Supreme Court of Ohio issued decisions in two cases, State ex rel. Hayes v. Industrial Commission and State ex rel. Mobley v. Industrial Commission, in accordance with a ten-year-old definition of permanent total disability (hereinafter PTD) under the Ohio Workers\u27 Compensation Act. This case comment will discuss Hayes and Mobley and the workers\u27 compensation definition of PTD which gave rise to these cases. The case comment will also compare and contrast PTD and the ADA definition of disability. Finally, this case comment will suggest that, the outcome of Issue 2 notwithstanding, Hayes and Mobley can serve as a bridge to a productive partnership between the two statutory schemes

Structural Stability Of Detached Low Crested Breakwaters

The aim of the paper is to describe hydraulic stability of rock-armoured low-crested structures on the basis of new experimental tests and prototype observations. Rock armour stability results from earlier model tests under non-depth-limited long-crested head-on waves are reviewed. Results from new 2-D and 3-D model tests, carried out at Aalborg University, are presented. The tests were performed on detached low-crested breakwaters exposed to short-crested head-on and oblique waves, including depth-limited conditions. A formula that corresponds to initiation of hydraulic damage and allows determining armour stone size in shallow water conditions is given together with a rule of thumb for the required stone size in depth-limited design waves. Rock toe stability is discussed on the basis of prototype experience, hard bottom 2-D tests in depth-limited waves and an existing hydraulic stability formula. Toe damage predicted by the formula is in agreement with experimental results. In field sites, damage at the toe induced by scour or by sinking is observed and the volume of the berm is often insufficient to avoid regressive erosion of the armour layer. Stone sinking and settlement in selected sites, for which detailed information is available, are presented and discussed

Dual‐regulated expression of C/EBP‐α and BMP‐2 enables differential differentiation of C2C12 cells into adipocytes and osteoblasts

CCAAT/enhancer‐binding proteins (C/EBPs) as well as bone morphogenic proteins (BMPs) play essential roles in mammalian cell differentiation in shaping adipogenic and osteoblastic lineages in particular. Recent evidence suggested that adipocytes and osteoblasts share a common mesenchymal precursor cell phenotype. Yet, the molecular details underlying the decision of adipocyte versus osteoblast differentiation as well as the involvement of C/EBPs and BMPs remains elusive. We have engineered C2C12 cells for dual‐regulated expression of human C/EBP‐α and BMP‐2 to enable independent transcription control of both differentiation factors using clinically licensed antibiotics of the streptogramin (pristinamycin) and tetracycline (tetracycline) classes. Differential as well as coordinated expression of C/EBP‐α and BMP‐2 revealed that (i) C/EBP‐α may differentiate C2C12 myoblasts into adipocytes as well as osteoblasts, (ii) BMP‐2 prevents myotube differentiation, (iii) is incompetent in differentiating C2C12 into osteoblasts and (iv) even decreases C/EBP‐α's osteoblast‐specific differentiation potential but (v) cooperates with C/EBP‐α on adipocyte differentiation, (vi) osteoblast formation occurs at low C/EBP‐α levels while adipocyte‐specific differentiation requires maximum C/EBP‐α expression and that (vii) BMP‐2 may bias the C/EBP‐α‐mediated adipocyte versus osteoblast differentiation switch towards fat cell formation. Dual‐regulated expression technology enabled precise insight into combinatorial effects of two key differentiation factors involved in adipocyte/osteoblast lineage control which could be implemented in rational reprogramming of multipotent cells into desired cell phenotypes tailored for gene therapy and tissue engineerin

COLD GASS, an IRAM Legacy Survey of Molecular Gas in Massive Galaxies: III. Comparison with semi-analytic models of galaxy formation

We compare the semi-analytic models of galaxy formation of Fu et al. (2010), which track the evolution of the radial profiles of atomic and molecular gas in galaxies, with gas fraction scaling relations derived from the COLD GASS survey (Saintonge et al 2011). The models provide a good description of how condensed baryons in galaxies with gas are partitioned into stars, atomic and molecular gas as a function of galaxy stellar mass and surface density. The models do not reproduce the tight observed relation between stellar surface density and bulge-to-disk ratio for this population. We then turn to an analysis of the"quenched" population of galaxies without detectable cold gas. The current implementation of radio-mode feedback in the models disagrees strongly with the data. In the models, gas cooling shuts down in nearly all galaxies in dark matter halos above a mass of 10**12 M_sun. As a result, stellar mass is the observable that best predicts whether a galaxy has little or no neutral gas. In contrast, our data show that quenching is largely independent of stellar mass. Instead, there are clear thresholds in bulge-to-disk ratio and in stellar surface density that demarcate the location of quenched galaxies. We propose that processes associated with bulge formation play a key role in depleting the neutral gas in galaxies and that further gas accretion is suppressed following the formation of the bulge, even in dark matter halos of low mass.Comment: 12 figures, accepted for publication in MNRAS, the COLD GASS data is available at http://www.mpa-garching.mpg.de/COLD_GASS/data.shtm

An overview of stressors common to stepchildren and appropriate counseling interventions

Despite the recent research on the effects of divorce on adults and children, much less attention has been given to the effects of parental remarriage and stepfamily issues (Prosen & Farmer, 1982). With an estimated one-half million adults becoming stepparents every year and one out of every six American children under the age of eighteen living in a stepfamily, stepfamilies could be more prevalent than nuclear families by 1990 (Prosen & Farmer, 1982; Visher & Visher, 1979)