Judicial Deference in the Submerged Lands Cases

When the Constitution established three branches of government, it did not create three hermetically sealed areas of responsibility. The executive, legislative and judicial branches are required to govern through a certain degree of accommodation. One area in which the need for accommodation between the judicial branch and the other two branches was recognized at an early stage is cases containing questions bearing on foreign relations.\u27 Under the Constitution it appears that the conduct of the foreign relations is vested in the Executive with a secondary role for the Congress, but that the courts have no role to play in this area. Litigation brought to the courts, however, has been found to demand decisions affecting foreign relations. To avoid breaching the constitutionally required separation of powers in these instances, the Supreme Court has determined that the judiciary should move away from its role as a neutral decision maker . In these instances the courts are either to decide the cases consistent with the wishes of the executive branch or to refuse to decide, thus effectively sanctioning the status quo... It is apparent from the district court\u27s treatment of the deference question that it doubted the appropriateness of judicial restraint in submerged lands cases and that it did not understand the injunction of the Supreme Court. This error is primarily the product of the Supreme Court\u27s failure to identify the factors that require judicial restraint for foreign relations reasons and to test the submerged lands cases against those factors. If the Supreme Court would conduct this examination, this writer submits that it would probably find judicial restraint inappropriate in the submerged lands cases. Part one of this article undertakes that review by delineating the primary subject matter areas in which judicial restraint has been exercised for foreign relations purposes. These areas are: recognition, sovereign immunity, act of state, treaty interpretation and territorial questions. Each area involves a different combination of factors that lead to judicial restraint. By isolating those factors we are able to create a rough yardstick with which other cases, including the submerged lands cases, might be measured

Mechanical Translation

Contains reports on two research projects.National Science Foundation (Grant G-24047

Fall prevention with community dwelling seniors: A student interprofessional experiential learning activity

Purpose: This IPE curricular model was designed for PT and OT students to learn from one another about the role and effective collaboration between disciplines through the delivery of an evidenced based falls prevention program. The activity allowed students to utilize clinical skills learned in the classroom to deliver patient centered care to seniors. Background: Traditionally, students do not get an opportunity to see interprofessional care until they participate in full-time clinical experiences. The benefits of early experiential learning during the didactic portion of a program, along with interprofessional education, are becoming more prominent in the literature. Description of Program: PT and OT students participated in delivering an 8 week falls prevention clinic. The program included participation in an exercise program and educational group process, as recommended by the CDC for multifactorial falls prevention programs. Faculty facilitated the students’ delivery of the program and guided questions to provoke conversation related to interprofessionalism, collaborative practice, professional identity and patient centered care. Preliminary Results: Students reported that it was beneficial for them to see how each discipline approached patient care, through interactions and education, as well as ‘put together’ the skills they were learning in the classroom. The participants reported that they enjoyed working with students; helping them to learn, having someone to guide them with exercise and provide them with feedback. Relevance to IPE: This pilot activity proved to be valuable from all perspectives; faculty, student and participant. It was a non-simulated experiential learning activity that assisted students in developing respect and relationships between disciplines. Recommendations: While this pilot activity met the established objectives, more structure related to enhancing the interprofessional education components is recommended in future implementation of this program. Learning Objectives (relate most to Conference Learning Objective #5): Participants will identify the components of how to structure an IPE program to incorporate the learning of OT and PT students within a graduate curriculum. Participants will acknowledge the learned positive features of implementing a pilot, semester long IPE program and recommendations for future implementation. Participants will discuss the benefits of providing an interdisciplinary community based program and methods to incorporate this curricular model into their own setting

Extending the infinite corridor : building the connection between academics and athletics

Thesis (M. Arch.)--Massachusetts Institute of Technology, Dept. of Architecture, 1994.Includes bibliographical references (p. 57-58).Physical fitness and athletics are far more important at MIT than the outsider might imagine. Exercising brings together the MIT community, not only the students but also the faculty and support staff. But the architecture of the existing facilities neither accurately symbolizes nor promotes the energy and significance of the athletic community to the campus as a whole. This thesis proposes a built extension of the Infinite Corridor in the West Campus. The extension, an elevated walkway, supports campus activities, including athletics, becoming the connection between academics and athletics. The goal in building the walkway on the campus organizational axis is to reinforce athletics as part of campus life. The actual elevated experience and machine-like form of the pier and the curved roofs and exposed structure of the various design elements -- all characteristics unique to the MIT campus -- further highlights the importance of athletics to the campus.by Michael L. Charney.M.Arch

Mechanical Translation

Contains research objectives and reports on four research projects.National Science Foundation (Grant G-24047

Effect of rejection on electrophysiologic function of canine intestinal grafts: Correlation with histopathology and na-k-ATPase activity

To investigate whether electrophysiologic changes can detect the early onset and progress of intestinal rejection, changes in in vitro electrophysiologic function, intestinal histopathology, and Na-K-ATPase activity were studied in dogs. Adult mongrel dogs of both sexes, weighing 18-24 kg, were used for auto and allo small bowel transplantation. The entire small bowels, except for short segments at the proximal and distal ends, were snitched between a pair of dogs (allograft). Animals receiving intestinal autotransplantation were used as controls. AIIograji recipients were sacrificed 3, 4, 5, 7, or 9 days after transplantation, and autograft recipients were sacrificed 3, 7, or 14 days afier transplantation. Immunosuppression was not used. Electrophysiologic measurements were done with an Ussing chamber. Histological analysis was performed blindly using whole thickness sections. Na-K-ATPase activity in the mucosal tissue, which is said to regulate the potential difference, was also measured. Potential difference, resistance, and Na-K-ATPase activity of the allografi intestine decreased with time and were significantly lower 7 and 9 days after transplantation compared to host intestine, normul intestine, and graft intestine of controls (autograft). Potential difference, resistance, and Na-K-ATPase activity of the native intestinal tissue and the autografts did not decrease with time. Detection of histologically mild rejection of the intestine, which is important for appropriate immunosup-pressive treatment in clinical cases, could not be achieved based on electrophysiology or Na-K-ATPase activity. Deterioration of electrophysiologic function during rejection correlated with the histological rejection process and Na-K-ATPase activity; however, electrophysiology my not be a reliable tool for monitoring grafrs, since it cannot detect early intestinal rejection. © 1995 Informa UK Ltd All rights reserved: reproduction in whole or part not permitted

Symmetry Analysis of Barotropic Potential Vorticity Equation

Recently F. Huang [Commun. Theor. Phys. V.42 (2004) 903] and X. Tang and P.K. Shukla [Commun. Theor. Phys. V.49 (2008) 229] investigated symmetry properties of the barotropic potential vorticity equation without forcing and dissipation on the beta-plane. This equation is governed by two dimensionless parameters, $F$ and $\beta$, representing the ratio of the characteristic length scale to the Rossby radius of deformation and the variation of earth' angular rotation, respectively. In the present paper it is shown that in the case $F\ne 0$ there exists a well-defined point transformation to set $\beta = 0$. The classification of one- and two-dimensional Lie subalgebras of the Lie symmetry algebra of the potential vorticity equation is given for the parameter combination $F\ne 0$ and $\beta = 0$. Based upon this classification, distinct classes of group-invariant solutions is obtained and extended to the case $\beta \ne 0$.Comment: 6 pages, release version, added reference for section

Garside and quadratic normalisation: a survey

Starting from the seminal example of the greedy normal norm in braid monoids, we analyse the mechanism of the normal form in a Garside monoid and explain how it extends to the more general framework of Garside families. Extending the viewpoint even more, we then consider general quadratic normalisation procedures and characterise Garside normalisation among them.Comment: 30 page

On the Plants Leaves Boundary, "Jupe \`a Godets" and Conformal Embeddings

The stable profile of the boundary of a plant's leaf fluctuating in the direction transversal to the leaf's surface is described in the framework of a model called a "surface \`a godets". It is shown that the information on the profile is encoded in the Jacobian of a conformal mapping (the coefficient of deformation) corresponding to an isometric embedding of a uniform Cayley tree into the 3D Euclidean space. The geometric characteristics of the leaf's boundary (like the perimeter and the height) are calculated. In addition a symbolic language allowing to investigate statistical properties of a "surface \`a godets" with annealed random defects of curvature of density $q$ is developed. It is found that at $q=1$ the surface exhibits a phase transition with critical exponent $\alpha=1/2$ from the exponentially growing to the flat structure.Comment: 17 pages (revtex), 8 eps-figures, to appear in Journal of Physics