A Narrow Path to Diversity: The Constitutionality of Rezoning Plans and Strategic Site Selection of Schools After \u3cem\u3eParents Involved\u3c/em\u3e

Justice Kennedy\u27s concurrence in Parents Involved in Community Schools v. Seattle School District Number 1 raised an important and timely constitutional issue: whether the Constitution permits K-12 public school districts not under existing desegregation orders to use site selection of new schools or rezoning plans to achieve racial diversity. Numerous scholars and journalists have interpreted Justice Kennedy\u27s concurrence as explicitly answering the question in the affirmative. This Note argues that the opposite is true. Justice Kennedy\u27s past jurisprudence, as well as his language in Parents Involved, favors the use of strict scrutiny. Indeed, in Parents Involved, Justice Kennedy reveals his three principal concerns: classification of individuals by race, courts interfering with school districts in their daily functions, and the inappropriate use of strict scrutiny when school districts do not intend to affect students because of their race. This Note contends that all three of those concerns militate in favor of using strict scrutiny for rezoning and site selection plans. Such plans most likely will result in the classification of students by race, strict scrutiny of such plans will not prevent school districts from performing their daily functions, and courts may still implement a lower level of scrutiny when school districts do not intend to act based on race. School districts should, therefore, proceed with caution and ensure that any racially based rezoning or site selection plans they use are narrowly tailored to achieve the compelling interest of diversity

Generally Applicable Law and the Free Exercise of Religion

I. Introduction II. Free Exercise of Religion in the Age of Smith III. Two Requirements with Distinct Content ... A. Neutrality ... B. General Applicability IV. Elaborating General Applicability ... A. Arguments for Minimizing the Requirement of General Applicability: Stormans v. Wiesman ... B. Reasonable Exceptions ... C. Circular Categories and Circular Government Interests ... D. Secular Exceptions Not Stated in the Law’s Text ... E. Rules That Apply to Most but Not All Analogous Secular Conduct ... F. Laws with a Single Secular Exception That Undermines the State’s Interests V. Underlying Reasons ... A. Value Judgments about Religion ... B. Vicarious Political Protection for Religious Minorities ... C. The Level of Protection VI. Conclusio

Lidar Development at SRI - The First Decade

On 22 July 1963 the first lidar observations of the lower atmosphere were made at SRI with a pulsed ruby system developed by a team led by the late Myron G. H. Ligda. Since that time SRI has carried out a continuous program of exploration and development of the technique, primarily related to applications in atmospheric research in the troposphere. In this frankly personal retrospective, some of the highlights of this ten years are reviewed, both in terms of progress made and difficulties experienced. Topics discussed will include the technological aspects of the lidar systems used, the range of applications identified and explored and the various forms of information recovery and display that have been developed

Mesospheric observations with the EISCAT UHF radar during polar cap absorption events: <br>3. Comparison with simultaneous EISCAT VHF measurements

International audienceMesospheric observations were obtained by the EISCAT UHF and VHF radars during the solar proton event of March 1990. We present the first comparison of incoherent-scatter spectral measurements from the middle mesosphere using simultaneous, co-located observations by the two radars. VHF spectra observed with a vertical antenna were found to be significantly narrower than model predictions, in agreement with earlier UHF results. For antenna pointing directions that were significantly away from the vertical, the wider VHF radar beam gave rise to broadening of the observed spectra due to vertical shears in the horizontal wind. In this configuration, UHF spectral measurements were found to be more suitable for aeronomical applications. Both radar systems provide consistent and reliable estimates of the neutral wind. Spectral results using both the multipulse and pulse-to-pulse schemes were intercompared and their suitability for application to combined mesosphere ? lower thermosphere studies investigated

The green-striped forest looper on Vancouver Island

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A three-dimensional parabolic equation model of sound propagation using higher-order operator splitting and Padé approximants

Author Posting. © Acoustical Society of America, 2012. This article is posted here by permission of Acoustical Society of America for personal use, not for redistribution. The definitive version was published in Journal of the Acoustical Society of America 132 (2012): EL364-EL370, doi:10.1121/1.4754421.An alternating direction implicit (ADI) three-dimensional fluid parabolic equation solution method with enhanced accuracy is presented. The method uses a square-root Helmholtz operator splitting algorithm that retains cross-multiplied operator terms that have been previously neglected. With these higher-order cross terms, the valid angular range of the parabolic equation solution is improved. The method is tested for accuracy against an image solution in an idealized wedge problem. Computational efficiency improvements resulting from the ADI discretization are also discussed.This work was sponsored by the Office of Naval Research under Grant Nos. N00014-10-1-0040 and N00014-11-1-0701

By design : negotiating flexible learning in the built environment discipline

The term &lsquo;flexible education&rsquo; is now firmly entrenched within Australian higher education discourse, yet the term is a contested one imbued with a multiplicity of meanings. This paper describes a process designed to elucidate how the idea of flexible education can be translated into teaching models that are informed by the specific demands of disciplinary contexts. The process uses a flexible learning &lsquo;matching&rsquo; tool to articulate the understandings and preferences of students and academics of the Built Environment to bridge the gap between student expectations of flexibility and their teacher&rsquo;s willingness and ability to provide that flexibility within the limits of the pedagogical context and teaching resources. The findings suggest an informed starting point for educators in the Built Environment and other creative disciplines from which to traverse the complexities inherent in negotiating flexibility in an increasingly digital world

Cyprus' image—a sun and sea destination—as a detrimental factor to seasonal fluctuations. Exploration into motivational factors for holidaying in Cyprus

Cyprus is established as a summer destination. To aid the destination in developing its winter season as well, this research uses a qualitative inductive approach to explore the tourists’ current image of the island and their motivations of visiting it. The research indicates that the current image, which essentially portrays Cyprus as a sun-and-sea destination is thought to dissuade tourists from perceiving the island as a year-round destination. Nonetheless, increasing the pull factors of the destination through the development of unique special interest products can help in extending the tourism season as well as broaden its narrow image