5,712 research outputs found

    Administrative Procedure in the Regulation of Banking

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    The Doctrine of O\u27Brien v. O\u27Brien: A Critical Analysis

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    History and morphology of faulting in the Noctis Labyrinthus-Claritas Fossae Region of Mars

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    The topographically high areas cut by Noctis Labyrinthus, Noctis Fossae, and Claritas Fossae were subjected to only minor resurfacing during and following local tectonic activity. Principal resurfacing materials consist of lava flows from Syria Planum and Tharsis Montes. Thus, these areas preserve much of the fault record produced by tectonism in this region. Although recent geologic maps of the area have been produced from Viking images, the only detailed fault histories available until now were described from Mariner 9 images. Much of the faulting in the Tharsis tectonic province was centered in Syria Planum; therefore, understanding the fault history in this region is critical to understanding the stress history and tectonism of Tharsis as a whole

    Advances in upscaling of eddy covariance measurements of carbon and water fluxes

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    Eddy covariance flux towers provide continuous measurements of ecosystem-level net exchange of carbon, water, energy, and other trace gases between land surface and the atmosphere. The upscaling of flux observations from towers to broad regions provides a new and independent approach for quantifying these fluxes over regions, continents, or the globe. The seven contributions of this special section reflect the most recent advances in the upscaling of fluxes from towers to these broad regions. The section mainly stems from presentations at the recent North American Carbon Program (NACP), FLUXNET, and AGU meetings. These studies focus on different aspects of upscaling: (1) assessing the representativeness of flux networks; (2) upscaling fluxes from towers to broad spatial scales; (3) examining the magnitude, distribution, and interannual variability of fluxes over regions, continents, or the globe; and (4) evaluating the impacts of spatial heterogeneity and parameter variability on flux estimates. Collectively, this special issue provides a timely update on upscaling science and also generates gridded flux data that can be used for model evaluations. Future upscaling studies are expected to advance toward incorporating the impacts of disturbance on ecosystem carbon dynamics, quantifying uncertainties associated with gridded flux estimates, and comparing various upscaling methods and the resulting gridded flux fields

    Sovereign Immunity in Suits Against Officers for Relief Other Than Damages

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    The Information Act: A Preliminary Analysis

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    THE REQUIREMENT OF OPPORTUNITY TO BE HEARD IN THE ADMINISTRATIVE PROCESS

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    Last Rights: A Theory of Individual Impact

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    Title VII recognizes both individual and group disparate treatment claims, which allege intentional discrimination. But Title VII recognizes only group claims for disparate impact. Conspicuously absent are claims for individual impact. The reason for the absence of an individual-disparate-impact claim is a problem of proof. To establish a Title VII claim, a plaintiff must prove that he or she lost a job opportunity was “because of” membership in a protected class. Showing that a single individual lost a job opportunity because of a test score, resume evaluation, or interview does not prove that any of these selection criteria unlawfully discriminated within the meaning of Title VII. A plaintiff would seemingly need a statistical basis to prove that one of these selection criteria would discriminate against the protected class in question. But an individual plaintiff faces the problem that the relevant sample size – perhaps only one – may be too small to support a meaningful inferential statistic. This observation casts doubt on the viability of individual-impact theory. If a group-based statistic is necessary to prove an individual’s case, then no independent theory of individual impact seems tenable. A feasible solution to this problem comes from the framework announced in McDonnell Douglas v. Green. Applied currently to disparate-treatment cases, this ingenious three-step burden-shifting framework provides a means of inferring intent absent direct evidence. If suitably adapted, this framework provides a means to sidestep the difficulty in developing a statistical basis for an impact claim and would permit an inference that an employment practice has a discriminatory impact on a protected class. This approach would rescue individual-impact theory from the dead zone that it now occupies. Such an approach would bring significant benefits. Deserving plaintiffs, previously denied judicial recourse, would have a viable claim. By broadening Title VII protections, such claims would deter employment discrimination. Perhaps most important, such claims would hold employers accountable for unconscious bias that might otherwise escape detection

    Dialogue On Police Rulemaking

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