A Wolf in Sheep’s Clothing: The Unilateral Executive and the Separation of Powers

[Excerpt] “The United States Constitution vests all executive powers in a president. This is the unitary executive theory. By virtue of this, many believe the president is vested with the power to act unilaterally. This is the unilateral executive theory. However, the unilateral executive portends more than action. In reality, the unilateral executive theory provides an opportunity to implement a unilateral agenda. Thus, the aim of this paper is to consider executive power, the separation of powers, and the unilateral executive theory to determine if presidential power under the separation of powers doctrine is actually “a wolf in sheep’s clothing.” With regard to this, we will consider the intentions of the framers, the text of the Constitution, and the mandates of governmental necessity.

In Impartiality We Trust: A Commentary on Government Aid and Involvement with Religion

Ultimately, because true neutrality is not possible, nearly all government interaction with religion is to some degree friendly or hostile. One could argue, therefore, that government interaction with religion is inherently friendly or hostile in nature. As a consequence, establishing neutrality as the ideal misses the mark and has produced a swinging pendulum in the Supreme Court’s jurisprudence. At one end of its arc the pendulum produces hostility towards religion and at the other end of the arc it produces friendliness towards religion. This is reflected in case law and in both early and modern government practices. Ultimately, the pendulum phenomenon must be brought to an end as it undermines uniformity, judicial economy, and societal stability. Because government interaction with religion is generally friendly or hostile in nature, the question then becomes whether to adopt a friendly or hostile approach. Of the two, for a myriad of reasons, it is better to adopt a friendly approach. Nonpreferentialism represents the ideal friendly approach. This is true for four reasons. First, nonpreferentialism does not require neutrality between religion and irreligion, which is more alighted with the original understanding of the Religious Clauses. Second, it is more consistent with the text of the Religion Clauses as the clauses themselves do not mandate government neutrality towards religion. Third, it would allow for nonpreferential aid to religious institutions, which perform many important social services. Finally, as Alexis de Tocqueville indicates, religion encourages morality. It is prudent to adopt a friendly approach, therefore, because such encouragement is key in producing government stability and longevity

Trends and Issues in Terrorism and the Law: Foreword

The introduction to the issue discusses the history of UMass Law Review and its contribution to legal scholarship

Social media usage and body image: The role of personality and stress

Body image, the opinion someone has of their own body, is an important construct to study as a poor body image is associated with many aspects of general well-being, such as poor quality of life (Duarte, Ferreira, Trindade, & Pinto-Gouveia, 2015; Griffiths et al., 2017), poor self-esteem (Furnham, Badmin & Sneade), and eating disorders (Polivy & Herman, 2002). Researchers have sought to identify factors predictive of the development body image in an effort to provide evidence-based programs to promote a healthy body image. Some factors associated with body image are social media usage, personality, and stress. In the present study we used a self-report questionnaire to measure social media use (Facebook, Instagram, Twitter, and Snapchat), body image, personality, and stress. We anticipated that higher levels of social media usage would be associated with a worse body image. Furthermore, we investigated the potential moderating roles of personality (i.e. neuroticism and conscientiousness) and perceived stress on the relationship between social media usage and body image. More specifically, it was believed that the relationship between social media usage and body image will be strongest in individuals with high levels of neuroticism, low levels of conscientiousness, and high levels of perceived stress. Results will be discussed

Mixing Time Scale Models for Multiple Mapping Conditioning with Two Reference Variables

A novel multiple mapping conditioning (MMC) approach has been developed for the modelling of turbulent premixed flames including mixture inhomogeneities due to mixture stratification or mixing with the cold surroundings. MMC requires conditioning of a mixing operator on characteristic quantities (reference variables) to ensure localness of mixing in composition space. Previous MMC used the LES-filtered reaction progress variable as reference field. Here, the reference variable space is extended by adding the LES-filtered mixture fraction effectively leading to a double conditioning of the mixing operator. The model is used to predict a turbulent stratified flame and is validated by comparison with experimental data. The introduction of the second reference variable also requires modification of the mixing time scale. Two different mixing time scale models are compared in this work. A novel anisotropic model for stratified combustion leads to somewhat higher levels of fluctuations for the passive scalar when compared with the original model but differences remain small within the flame front. The results show that both models predict flame position and flame structure with good accuracy

SDSS IV MaNGA - Rotation Velocity Lags in the Extraplanar Ionized Gas from MaNGA Observations of Edge-on Galaxies

We present a study of the kinematics of the extraplanar ionized gas around several dozen galaxies observed by the Mapping of Nearby Galaxies at the Apache Point Observatory (MaNGA) survey. We considered a sample of 67 edge-on galaxies out of more than 1400 extragalactic targets observed by MaNGA, in which we found 25 galaxies (or 37%) with regular lagging of the rotation curve at large distances from the galactic midplane. We model the observed $H\alpha$ emission velocity fields in the galaxies, taking projection effects and a simple model for the dust extinction into the account. We show that the vertical lag of the rotation curve is necessary in the modeling, and estimate the lag amplitude in the galaxies. We find no correlation between the lag and the star formation rate in the galaxies. At the same time, we report a correlation between the lag and the galactic stellar mass, central stellar velocity dispersion, and axial ratio of the light distribution. These correlations suggest a possible higher ratio of infalling-to-local gas in early-type disk galaxies or a connection between lags and the possible presence of hot gaseous halos, which may be more prevalent in more massive galaxies. These results again demonstrate that observations of extraplanar gas can serve as a potential probe for accretion of gas.Comment: 13 pages, 11 figures, accepted for publication in Ap

Sparse-Lagrangian PDF Modelling of Silica Synthesis from Silane Jets in Vitiated Co-flows with Varying Inflow Conditions

This paper presents a comparison of experimental and numerical results for a series of turbulent reacting jets where silica nanoparticles are formed and grow due to surface growth and agglomeration. We use large-eddy simulation coupled with a multiple mapping conditioning approach for the solution of the transport equation for the joint probability density function of scalar composition and particulate size distribution. The model considers inception based on finite-rate chemistry, volumetric surface growth and agglomeration. The sub-models adopted for these particulate processes are the standard ones used by the community. Validation follows the “paradigm shift” approach where elastic light scattering signals (that depend on particulate number and size), OH- and SiO-LIF signals are computed from the simulation results and compared with “raw signals” from laser diagnostics. The sensitivity towards variable boundary conditions such as co-flow temperature, Reynolds number and precursor doping of the jet is investigated. Agreement between simulation and experiments is very good for a reference case which is used to calibrate the signals. While keeping the model parameters constant, the sensitivity of the particulate size distribution on co-flow temperature is predicted satisfactorily upstream although quantitative differences with the data exist downstream for the lowest coflow temperature case that is considered. When the precursor concentration is varied, the model predicts the correct direction of the change in signal but notable qualitative and quantitative differences with the data are observed. In particular, the measured signals show a highly non-linear variation while the predictions exhibit a square dependence on precursor doping at best. So, while the results for the reference case appear to be very good, shortcomings in the standard submodels are revealed through variation of the boundary conditions. This demonstrates the importance of testing complex nanoparticle synthesis models on a flame series to ensure that the physical trends are correctly accounted for

Smoothed Particle Magnetohydrodynamics III. Multidimensional tests and the div B = 0 constraint

In two previous papers (Price & Monaghan 2004a,b) (papers I,II) we have described an algorithm for solving the equations of Magnetohydrodynamics (MHD) using the Smoothed Particle Hydrodynamics (SPH) method. The algorithm uses dissipative terms in order to capture shocks and has been tested on a wide range of one dimensional problems in both adiabatic and isothermal MHD. In this paper we investigate multidimensional aspects of the algorithm, refining many of the aspects considered in papers I and II and paying particular attention to the code's ability to maintain the div B = 0 constraint associated with the magnetic field. In particular we implement a hyperbolic divergence cleaning method recently proposed by Dedner et al. (2002) in combination with the consistent formulation of the MHD equations in the presence of non-zero magnetic divergence derived in papers I and II. Various projection methods for maintaining the divergence-free condition are also examined. Finally the algorithm is tested against a wide range of multidimensional problems used to test recent grid-based MHD codes. A particular finding of these tests is that in SPMHD the magnitude of the divergence error is dependent on the number of neighbours used to calculate a particle's properties and only weakly dependent on the total number of particles. Whilst many improvements could still be made to the algorithm, our results suggest that the method is ripe for application to problems of current theoretical interest, such as that of star formation.Comment: Here is the latest offering in my quest for a decent SPMHD algorithm. 26 pages, 15 figures, accepted for publication in MNRAS. Version with high res figures available from http://www.astro.ex.ac.uk/people/dprice/pubs/spmhd/spmhdpaper3.pd

Skill competency development strategies by a contractor

Construction skills are one of the vital aspects of construction work which is growing in importance due to skill gaps and skill shortages during different economic cycles. The aim of this study was to investigate competence development strategies by a traditional construction company within its own pool of skill resources and among its supply chain members. The study was carried out via literature review, empirical studies involving a focus study, analysis of documentary evidence supported by unstructured interviews and a report of skill development/supply chain conference. The study demonstrates how long-term skill development can be achieved through: (a) strategic capacity planning which allows high retention, continuous training, and balanced construction demand and contractor’s supply capacity over the long term; (b) updating and upgrading the knowledge base of the supply chain through conferences and training schemes; (c) strategic investment in the workforce through training, vocational and higher degrees; and (d) acquaintance with different sources of finance. This study will assist small traditional firms in building competencies in skill development and improvement. It will assist an international audience who may face similar issue with their construction firm