Qualifying for the Title VII Religious Organization Exemption: Federal Circuits Split over Proper Test

While the United States Supreme Court has upheld the constitutionality of a law permitting religious organizations to exercise a religious preference when making employment decisions, courts remain at odds over the proper test for determining whether an organization is religious. This conflict highlights the tension between Title VII of the Civil Rights Act and the First Amendment\u27s religion clauses. When Congress passed Title VII, it took the first step toward its goal of eliminat[ing] all forms of unjustified discrimination in employment. Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. Title VII generally applies to religious organizations; however, in order to avoid offending the religion clauses, Congress added an exemption, codified in section 702 of the Act, for religious corporation[s], association[s], educational institution[s], or societ[ies] with respect to Title VII\u27s prohibition against religion-based discriminatio

Monetary Damages under the Lanham Act: Eighth Circuit Holds Actual Confusion is Not a Prerequisite

This Note will examine the Lanham Act and the ways in which courts have interpreted it, particularly its provisions dealing with trademark infringement. This Note will then explain the concept of actual confusion and what has prompted courts to read the requirement into the Lanham Act with respect to establishing monetary awards. This Note also will provide an overview of the current split between circuits requiring proof of actual confusion and those allowing proof of likelihood of confusion to support an award of damages. Particular emphasis is placed on Eighth Circuit precedent. Finally, this Note will argue that the Eighth Circuit\u27s rejection of the actual confusion requirement will lead to fairer results by removing near insurmountable obstacles for trademark plaintiffs seeking to be compensated for wrongs perpetrated by trademark infringers

Will There Be a New Definition of “Purchase Money”?

This article examines SB 1178 and its potential to significantly modify the CCP 580b antideficiency rule.

Electrochromic organic and polymeric materials for display applications

An electrochromic material is one where a reversible color change takes place upon reduction (gain of electrons) or oxidation (loss of electrons), on passage of electrical current after the application of an appropriate electrode potential. In this review the general field of electrochromism is introduced, with coverage of the types, applications, and chemical classes of electrochromic materials and the experimental methods that are used in their study. The main classes of electrochromic organic and polymeric materials are then surveyed, with descriptions of representative examples based on transition metal coordination complexes, viologen systems, and conducting polymers. Examples of the application of such organic and polymeric electrochromic materials in electrochromic displays are given

Reading the geographies of post-war British film culture through the reception of French film

This paper examines the ways in which British specialist film culture anticipated and received the resumed supply of French films at the end of the Second World War. It finds that in serious film journalism and within the rapidly expanding film society movement, new French cinema was the focus of at least as much British attention as Italian neo-realism – the European cinema more famously associated with the era. The paper posits that a number of factors, including anti-Americanism, combined to position the delayed wartime and immediate post-war French releases as a site of impossible expectations and subsequent interpretative difficulty for British cinephiles. In particular, through a case study of the local mediation of French cinema in the English city of Nottingham, this paper considers the role of published criticism for setting the local viewing frame within the provincial film society movement. By tracing the tensions surrounding the circulation of film prints, information, and opinion relating to these prestigious cultural imports, it becomes possible to gain greater insight into both the range of nationally specific meanings attributed to the imported films and the geographic and cultural inequalities at work within the film culture of the country of reception

'Stuff it': Respectability and the voice of resistance in letter to brezhnev

Exploring Letter to Brezhnev through concepts of respectability as feminine cultural capital this article suggests that the film’s affective impulse stems from its representation of a female, working class experience under Thatcherism. This experience is articulated through two structures of feeling derived from the intersecting conventions of social realism, and the consumerist and romantic tropes of the ‘woman’s film’. Through this intersection the daily abjection of women through degrading work or unemployment is traced, whilst being counterpointed to the escapist pleasures of a ‘night out’ constituted through the spatial and aesthetic shifts of the narrative, and the feminisation of the ‘jack the lad’ staple of British screen culture. In this way, Letter to Brezhnev exposes the centrality of respectability to women’s social mobility, or lack of it, thus offering a powerful critique of Thatcherite ideologies and women’s position as primary consumers within them. The article also offers a corrective to existing scholarship that has focussed on cinematic representations of a crisis of masculinity under Thatcherism to the neglect of its corrosive impact on feminine respectability

DNA methylation at a nutritionally sensitive region of the PAX8 gene is associated with thyroid volume and function in Gambian children.

Funder: Wellcome TrustPAX8 is a key thyroid transcription factor implicated in thyroid gland differentiation and function, and PAX8 gene methylation is reported to be sensitive to the periconceptional environment. Using a novel recall-by-epigenotype study in Gambian children, we found that PAX8 hypomethylation at age 2 years is associated with a 21% increase in thyroid volume and an increase in free thyroxine (T4) at 5 to 8 years, the latter equivalent to 8.4% of the normal range. Free T4 was associated with a decrease in DXA-derived body fat and bone mineral density. Furthermore, offspring PAX8 methylation was associated with periconceptional maternal nutrition, and methylation variability was influenced by genotype, suggesting that sensitivity to environmental exposures may be under partial genetic control. Together, our results demonstrate a possible link between early environment, PAX8 gene methylation and thyroid gland development and function, with potential implications for early embryonic programming of thyroid-related health and disease

The Fourteenth Data Release of the Sloan Digital Sky Survey: First Spectroscopic Data from the extended Baryon Oscillation Spectroscopic Survey and from the second phase of the Apache Point Observatory Galactic Evolution Experiment

The fourth generation of the Sloan Digital Sky Survey (SDSS-IV) has been in operation since July 2014. This paper describes the second data release from this phase, and the fourteenth from SDSS overall (making this, Data Release Fourteen or DR14). This release makes public data taken by SDSS-IV in its first two years of operation (July 2014-2016). Like all previous SDSS releases, DR14 is cumulative, including the most recent reductions and calibrations of all data taken by SDSS since the first phase began operations in 2000. New in DR14 is the first public release of data from the extended Baryon Oscillation Spectroscopic Survey (eBOSS); the first data from the second phase of the Apache Point Observatory (APO) Galactic Evolution Experiment (APOGEE-2), including stellar parameter estimates from an innovative data driven machine learning algorithm known as "The Cannon"; and almost twice as many data cubes from the Mapping Nearby Galaxies at APO (MaNGA) survey as were in the previous release (N = 2812 in total). This paper describes the location and format of the publicly available data from SDSS-IV surveys. We provide references to the important technical papers describing how these data have been taken (both targeting and observation details) and processed for scientific use. The SDSS website (www.sdss.org) has been updated for this release, and provides links to data downloads, as well as tutorials and examples of data use. SDSS-IV is planning to continue to collect astronomical data until 2020, and will be followed by SDSS-V.Comment: SDSS-IV collaboration alphabetical author data release paper. DR14 happened on 31st July 2017. 19 pages, 5 figures. Accepted by ApJS on 28th Nov 2017 (this is the "post-print" and "post-proofs" version; minor corrections only from v1, and most of errors found in proofs corrected

Priority species to support the functional integrity of coral reefs

Ecosystem-based management on coral reefs has historically focussed on biodiversity conservation through the establishment of marine reserves, but it is increasingly recognised that a subset of species can be key to the maintenance of ecosystem processes and functioning. Specific provisions for these key taxa are essential to biodiversity conservation and resilience-based adaptive management. While a wealth of literature addresses ecosystem functioning on coral reefs, available information covers only a subset of specific taxa, ecological processes and environmental stressors. What is lacking is a comparative assessment across the diverse range of coral reef species to synthesise available knowledge to inform science and management. Here we employed expert elicitation coupled with a literature review to generate the first comprehensive assessment of 70 taxonomically diverse and functionally distinct coral reef species from microbes to top predators to summarise reef functioning. Although our synthesis is largely through the lens of the Great Barrier Reef, Australia, a particularly data-rich system, it is relevant to coral reefs in general. We use this assessment to evaluate which taxa drive processes that maintain a healthy reef and whether management of these taxa is considered a priority (i.e. are they vulnerable?) or is feasible (i.e. can they be managed?). Scientific certainty was scored to weight our recommendations, particularly when certainty was low. We use five case studies to highlight critical gaps in knowledge that limit our understanding of ecosystem functioning. To inform the development of novel management strategies and research objectives, we identify taxa that support positive interactions and enhance ecosystem performance, including those where these roles are currently underappreciated. We conclude that current initiatives effectively capture many priority taxa but that there is significant room to increase opportunities for underappreciated taxa in both science and management to maximally safeguard coral reef functioning