I Am Textualism

Until every person seeking to interpret the Constitution recognizes that constitutional interpretation is a quintessentially human endeavor, based on human assumptions and human reasoning, I will remain to protect those who seek to hide their predilections, their personal choices. I will continue to change as time passes. My form will continue to change to meet the needs of those who seek my cloak of objectivity and seek to redefine and improve me. I am a human invention created to pretend that constitutional interpretation is not a human endeavor. I am what each disciple wants. I am what each disciple needs. I am ten letters in a particular order available for any disciple, for use by any disciple, for definition by any disciple. I am all things to all my disciples. For I am Textualism

Textualist Canons: Cabining Rules or Predilective Tools

This Article uses canons of construction to demonstrate that textualism, particularly plain language or plain meaning textualism, cannot be applied without the use of non-textual personal choices. But, this Article does not seek to demonstrate that interpreting the Constitution requires ignoring the text of the Constitution; nor does this Article seek to demonstrate that textualist approaches lack relevance or value. Rather, this Article seeks to demonstrate that textualism cannot create rules that avoid personal predilections and does not create neutral principles or eliminate predilective interpretation. In order to accomplish this goal, this Article reviews a variety of canons of construction and applies them to the Takings Clause

Recent Advances in Spaceborne Precipitation Radar Measurement Techniques and Technology

NASA is currently developing advanced instrument concepts and technologies for future spaceborne atmospheric radars, with an over-arching objective of making such instruments more capable in supporting future science needs and more cost effective. Two such examples are the Second- Generation Precipitation Radar (PR-2) and the Nexrad-In- Space (NIS). PR-2 is a 14/35-GHz dual-frequency rain radar with a deployable 5-meter, wide-swath scanned membrane antenna, a dual-polarized/dual-frequency receiver, and a realtime digital signal processor. It is intended for Low Earth Orbit (LEO) operations to provide greatly enhanced rainfall profile retrieval accuracy while consuming only a fraction of the mass of the current TRMM Precipitation Radar (PR). NIS is designed to be a 35-GHz Geostationary Earth Orbiting (GEO) radar for providing hourly monitoring of the life cycle of hurricanes and tropical storms. It uses a 35-m, spherical, lightweight membrane antenna and Doppler processing to acquire 3-dimensional information on the intensity and vertical motion of hurricane rainfall

Air-Sea Spray Airborne Radar Profiler Characterizes Energy Fluxes in Hurricanes

A report discusses ASAP (Air-sea Spray Airborne Profiler), a dual-wavelength radar profiler that provides measurement information about the droplet size distribution (DSD) of sea-spray, which can be used to estimate heat and moisture fluxes for hurricane research. Researchers have recently determined that sea spray can have a large effect on the magnitude and distribution of the air-sea energy flux at hurricane -force wind speeds. To obtain information about the DSD, two parameters of the DSD are required; for example, overall DSD amplitude and DSD mean diameter. This requires two measurements. Two frequencies are used, with a large enough separation that the differential frequency provides size information. One frequency is 94 GHz; the other is 220 GHz. These correspond to the Rayleigh and Mie regions. Above a surface wind speed of 10 m/ s, production of sea spray grows exponentially. Both the number of large droplets and the altitude they reach are a function of the surface wind speed

Reducing Surface Clutter in Cloud Profiling Radar Data

An algorithm has been devised to reduce ground clutter in the data products of the CloudSat Cloud Profiling Radar (CPR), which is a nadir-looking radar instrument, in orbit around the Earth, that measures power backscattered by clouds as a function of distance from the instrument. Ground clutter contaminates the CPR data in the lowest 1 km of the atmospheric profile, heretofore making it impossible to use CPR data to satisfy the scientific interest in studying clouds and light rainfall at low altitude. The algorithm is based partly on the fact that the CloudSat orbit is such that the geodetic altitude of the CPR varies continuously over a range of approximately 25 km. As the geodetic altitude changes, the radar timing parameters are changed at intervals defined by flight software in order to keep the troposphere inside a data-collection time window. However, within each interval, the surface of the Earth continuously "scans through" (that is, it moves across) a few range bins of the data time window. For each radar profile, only few samples [one for every range-bin increment ((Delta)r = 240 m)] of the surface-clutter signature are available around the range bin in which the peak of surface return is observed, but samples in consecutive radar profiles are offset slightly (by amounts much less than (Delta)r) with respect to each other according to the relative change in geodetic altitude. As a consequence, in a case in which the surface area under examination is homogenous (e.g., an ocean surface), a sequence of consecutive radar profiles of the surface in that area contains samples of the surface response with range resolution (Delta)p much finer than the range-bin increment ((Delta)p 10 dB and a reduction of the contaminated altitude over ocean from about 1 km to about 0.5 km (over the ocean). The algorithm has been embedded in CloudSat L1B processing as of Release 04 (July 2007), and the estimated flat surface clutter is removed in L2B-GEOPROF product from the observed profile of reflectivity (see CloudSat product documentation for details and performance at http://www.cloudsat.cira.colostate.edu/ dataSpecs.php?prodid=1)

Assessment of the Performance of a Dual-Frequency Surface Reference Technique

The high correlation of the rain-free surface cross sections at two frequencies implies that the estimate of differential path integrated attenuation (PIA) caused by precipitation along the radar beam can be obtained to a higher degree of accuracy than the path-attenuation at either frequency. We explore this finding first analytically and then by examining data from the JPL dual-frequency airborne radar using measurements from the TC4 experiment obtained during July-August 2007. Despite this improvement in the accuracy of the differential path attenuation, solving the constrained dual-wavelength radar equations for parameters of the particle size distribution requires not only this quantity but the single-wavelength path attenuation as well. We investigate a simple method of estimating the single-frequency path attenuation from the differential attenuation and compare this with the estimate derived directly from the surface return

Microwave Backscatter and Attenuation Dependence of Leaf Area Index for Flooded Rice Fields

Wetlands are important for their role in global climate as a source of methane and other reduced trace gases. As part of an effort to determine whether radar is suitable for wetland vegetation monitoring, we have studied the dependence of microwave backscatter and attenuation on leaf area index (LAI) for flooded rice fields. We find that the radar return from a flooded rice field does show dependence on LAI. In particular, the C-band VV cross section per unit area decreases with increasing LAI. A simple model for scattering from rice fields is derived and fit to the observed HH and VV data. The model fit provides insight into the relation of backscatter to LAI and is also used to calculate the canopy path attenuation as a function of LAI