Reversal of Fortune: The Inapposite Standards Applied to Remedial Race-, Gender-, and Orientation- Based Classifications

The import of the jurisprudential consistency is a system through which it is theoretically easier to pass affirmative action policies for the LGBT community and women than for ethnic minorities under the Fourteenth Amendment. This oddity is particularly striking in light of the Fourteenth Amendment’s stated purpose to “ameliorat[e] . . . the condition of the freedmen,” the ethnic minorities the Fourteenth Amendment sought to protect.8 While this author takes the position that the LGBT community and women deserve full protection under the Equal Protection Clause—including as the beneficiaries of remedial legislation—it is wholly unsuitable that the current framework discriminates against the class of people the Amendment originally intended to protect. Thus, should most states (notably, excluding California) seek to implement legislation aimed at increasing educational or employment opportunities for the LGBT community, legislators should find repose in the current framework, which applies rational basis review. However, should California seek to implement an employment or educational affirmative action plan, under the current and historically fatal strict scrutiny standard, legislators would face a near-impossible battle. Part II of this Article will canvass the societal ills, injustices, and discriminatory policies that remedial legislation is meant to combat. This country’s long-standing inequities against racial minorities, women, and gays and lesbians are well-documented and have frequently served as the basis for upholding a compelling or substantial governmental interest in remedying the injustices or striking down invidious legislation.10 As most challenges to remedial legislation are grounded in the Equal Protection Clause, Part II will also briefly canvass the Fourteenth Amendment’s history, giving specific credence to its role as a Reconstruction-era remunerative measure and Section Five’s affirmative grant of power. Part II will then scan both federal and state law as applied to remedial legislation for race, gender, and sexual orientation- based classifications, respectively. Circuit splits and state–federal splits will be addressed. Lastly, in Part II, Justice Thurgood Marshall’s “sliding-scale” alternative to the three-tiered level of scrutiny will be explored. Next, Part III will offer substantial critiques of the levels of scrutiny applied in those cases, noting the vehement and passionate dissents by, among others, Justices Marshall and Stevens. Section III.B will highlight the current framework’s logical inconsistencies. To illustrate this inconsistency, the Article explores the anomaly that under federal law the current framework makes it easier for Congress to enact affirmative action policies for gays and lesbians and women than for ethnic minorities. The Article goes on to criticize the use of strict scrutiny in remedial contexts. As one scholar noted, “[T]his framework has evolved to a point where suspect classification analysis has become the Court’s ‘chief instrument’ for invalidating measures intended to remedy rather than perpetuate past race discrimination.” 11 Indeed, Justice Marshall found that “it is more than a little ironic that, after several hundred years of class-based discrimination against Negroes, the Court is unwilling to hold that a class-based remedy for that discrimination is permissible.” The Article argues that applying near-fatal scrutiny to race-based remedial legislation while applying lesser scrutiny to gender and sexual orientation-based remedial legislation is incongruent to the proposition that the level of scrutiny is designed to comport with the level of protection the class deserves. Section III.C will dispel the notion that strict scrutiny is needed to “smoke out” illegitimate uses of race, gender, or sexual orientation-based measures, pointing out that strict scrutiny provides no search function, but rather rings a near-automatic death knell. Finally, the Article concludes that Justice Marshall’s sliding-scale scrutiny approach is the appropriate calculus by which to assess the constitutionality of remedial legislation. Justice Marshall emphasizes that the calculus should focus on the invidiousness of the legislation at issue, as opposed to the type of classification made

Megasecuencias Sedimentarias del Terciario del Borde Oriental de la Cuenca de Almazán (Soria-Zaragoza)

El análisis sedimentológico y estratigráfico de los sedimentos terciarios ligados al frente de sierra de la Cordillera Ibérica adyacente a la Cuenca de Almazán ha permitido definir e interpretar 19 unidades litoestratigráficas que se agrupan en 5 unidades tectosedimentarias (UTS) definidas a partir del establecimiento de rupturas sedimentarias y de acuerdo a criterios de polaridad geométrica y sedimentaria. A lo largo de la sucesión terciaria se reconocen diferentes asociaciones de facies correspondientes a medios aluviales y lacustres. Los ambientes aluviales están representados por sistemas de abanicos aluviales y fluviales enraizados en el frente de sierra oriental. Presentan paleocorrientes dirigidas, en general, hacia el sector comprendido entre el SSE y el O. La evolución espacial de los sistemas aluviales está estrechamente ligada a la variación del diastrofismo en el borde de cuenca y es el factor condicionante en el establecimiento, distribución y traslación de los sistemas lacustres. Teniendo en cuenta la posición estratigráfica relativa de las diferentes unidades, los datos paleontológicos y la correlación de las rupturas sedimentarias mayores con otras definidas a nivel regional, se distinguen varios hechos principales: (A) Existe una ruptura sedimentaria muy próxima al límite Cretácico/Paleóceno que se extiende probablemente hasta el Eoceno Medio/Superior, momento en el que se reanuda en esta zona la sedimentación de la UTS 1 mediante dispositivos aluviales. (B) Las UTS 2 y 3 están separadas por una gran ruptura sedimentaria cuando tuvo lugar una reactivación general de los sistemas aluviales a lo largo del borde. Este episodio se correlaciona con la fase tectónica Castellana (Intraoligoceno). (C) A techo de la UTS 4 se reconoce otra ruptura que se relaciona con la fase Neocastellana (Post-Ageniense Superior). [ABSTRACT] Lithostratigrapbic and sedimentological studies of Tertiary sediments filling the Almazan Basin along the sierra front of the Iberian Range led ro distinguish 19 lithostratigraphic units inc1uded into 5 Tectonosedimentary Units (TSU). Facies associations along the stratigraphic succession correspond to alluvial and lacustrine sedimentary environments that evolved in space and time in response to the changing diastrophism of the margin of the basin. Several main facts are deduced: (A) there is a majar sedimentary discontinuity that lasted since (approximately) the limit Cretaceous-Tertiary until Middle-Upper Eocene when sedimentation of TSU I began. TSUs 2 and 3 are separated by a large discontinuity punctuated by reactivation of the alluvial systems along the sierra front. It is correlated to the Intra-Oligocene Castillian tectonic phase. (C) TSUs 4 and 5 are separated by another major discontinuity correlated to the Neocastillian (post Upper Agenien) tectonic phase

Intent Profile Strategy for Virtual Power Plant Participation in Simultaneous Energy Markets With Dynamic Storage Management

The emergence of distributed energy resources in the electricity system involves new scenarios in which domestic consumers can be aggregated in virtual power plants to participate in energy markets. In this paper, a reconfigurable hierarchical multi-time scale framework is developed by combining the concepts of dynamic storage virtualization and intent profiling with model predictive control. The combined implementation of these concepts allows the simultaneous weighted participation in different energy markets, not only according to some aggregators’ criteria, but also to several risk factors. In a first stage, the framework optimizes the strategy for bidding in day-ahead market whereas the second one consists of a control stage to mitigate deviations and potential penalties. The smart management of individual storage virtualization enables the participation in the demand-response program, which improves the forecasted economical profit related to the day-ahead participation. The changes in the schedule are performed considering new potential penalties. The framework is reconfigurable at every sample time at control stage. This enables to make dynamic participations depending on node availability or system peaks. The proposed case studies cover day-ahead and demand-response participations, but the framework is open to other multi-service configurations. The results have been assessed with satisfactory conclusions.Ministerio de Ciencia e Innovación - Agencia Estatal de Investigación (AEI) PID2019-104149RB-I00/10.13039/50110001103

Análisis sobre el origen de los materiales arqueológicos del Museo Histórico Minero D. Felipe de Borbón y Grecia, de la Escuela Técnica Superior de Ingenieros de Minas

En 1992 iniciamos el estudio de las piezas arqueológicas del Museo Histórico Minero D. Felipe de Borbón y Grecia, de la Escuela Técnica Superior de Ingenieros de Minas de Madrid, comprobando la calidad de las muestras presentes. Existían dos colecciones de Arqueología Minera y Prehistórica, ubicadas principalmente en las vitrinas del patio y tambié'f1 en las del torreón norte (1). Asimismo constatamos la presencia, en este último lugar, de un importante conjunto de piezas de la mina del Milagro, en anís, algunas en relación con las colecciones antes mencionadas

Effects of Fatigue on Throwing Performance in Experienced Team Handball Players

Abstract The purpose of this study was to investigate the effect of central and peripheral physiological fatigue on throwing accuracy and ball release velocity in team handball. Twenty male subjects (age 24.7 ± 3.9 yrs, body mass 88.5 ± 5.0 kg, body height 1.86 ± 0.05 m, training experience 12.7 ± 3.8 yrs) from one handball team participated in this study. The participants completed four sets of eight laps of a circuit that consisted of specific team handball drills/exercises, with decreasing recovery times between the laps in each set in order to induce physiological fatigue. Duration of the recovery intervals determined the description of the effort made in each set: “light" (80 s recovery between laps), “moderate" (40 s), “hard" (20 s) and “very hard" (10 s). A heart rate, concentration of lactate in blood and the rate of perceived exertion (RPE) were recorded. Ball velocity and accuracy were measured after each set and they both decreased during a fatigue protocol. However, accuracy only decreased significantly in the end of the protocol, while ball release was already affected after the first round of the protocol. The results substantiate the initial hypothesis and confirm that both throwing accuracy and ball release velocity decrease significantly as physiological fatigue increases. These variables began to decrease when the fatigue quantification values were high or very high. The findings can be used by coaches to develop training programs to teach players how to identify fatigue thresholds and combat the effects of fatigue through decision-making skills at critical game moments.</jats:p

Effect of exercise on bone health in children and adolescents with cancer during and after oncological treatment: A systematic review and meta-analysis

Background: Although regular physical activity and exercise programs might improve bone health caused by oncological treatment and the disease itself, it remains unknown the pooled effect of exercise interventions following frequency, intensity, time and type prescriptions. Objective: This systematic review and meta-analysis aimed to synthesise evidence regarding the effectiveness of exercise interventions on bone health in children and adolescents with cancer during and after oncological treatment. Methods: A systematic search was conducted in the MEDLINE (via PubMed), Web of Science and Scopus databases from November 2021 to January 2022. Randomised controlled trials (RCTs) and non-RCTs reporting pre-post changes of the effectiveness of exercise interventions on DXA-measured bone parameters in young population (1–19 years) during or after oncological treatment were included. Pooled (ESs) and 95% confidence intervals (95%CIs) were calculated. The Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines were followed. Results: A total of eight trials with 341 participants were included. The metaanalyses did not reveal a statistically significant increase in whole body areal bone mineral density (ES = 0.10; 95%CI: −0.14, 0.34), lumbar spine (ES = 0.03; 95%CI: −0.21, 0.26) or femoral neck (ES = 0.10; 95%CI: −0.37, 0.56). Similarly, during the oncological treatment phase the ES was 0.04 (95%CI: −0.17, 0.25) and after the ES was 0.07 (95%CI: −0.20, 0.33). Conclusion: To date, exercise interventions have been inappropriate and therefore, ineffective to illustrate any beneficial effect on bone health in children and adolescents with cancer during and after oncological treatment.Spanish Ministry of Science and Innovation (ref: PID2020-117302RA-I00La Caixa Foundation (ref: LCF/BQ/PR19/11700007)the University of Granada Plan Propio de Investigación 2021-Excellence actions: Unit of Excellence on Exercise, Nutrition and Health (UCEENS)CIBEROBN, Centro de Investigación Biomédica en Red (CB22/03/ 00058Instituto de Salud Carlos III, Ministerio de Ciencia e Innovación and Unión Europea – European Regional Development Fund. AM-P is recipient of a predoctoral fellowship (FPU20/05530) by the Spanish Ministry of Education, Culture and Sport. EU-G is supported by the Maria Zambrano fellowship by the Ministerio de Universidades y la Unión Europea—NextGenerationEU

Sprint and upper limbs power field tests for the screening of low bone mineral density in children

Background: The possibility of carrying out screening, with acceptable accuracy, of a child’s bone mass status based on a physical fitness test can advance the concept of health-related physical fitness. In addition, the relevance of the applicability of this type of screening in educational environments is mainly due to the difficulty of direct assessments of bone health indicators. This study aimed to propose cut-off points for physical fitness tests based on children’s bone health indicators.Methods: This is a two-phase cross-sectional study. Phase-1: 160 children (6–11 years-old) performed the 20-m sprint test (20-mST) and the 2 kg medicine ball throw test (2 kgMBTT). Areal bone mineral density (aBMD) and content was assessed by DXA. The area under the ROC curve greater than 70% was considered valid. Phase-2: It was carried out a secondary analysis in a sample with 8,750 Brazilians (6–11 years-old). The percentile values (identified in phase-1) were used to identify the values of the cut-off points in the unit of measurement of the tests. The validation of the cut-off points found was by odds ratio values and p ≤ 0.05.Results: Phase 1: The areas under the ROC curve were 0.710, 0.712 (boys and girls–20-mST), 0.703, and 0.806 (boys and girls–2 kgMBTT) with total spine and pelvis aBMD as the outcome. Phase 2: From percentile values, we find valid cut-off points in the Brazilian sample (OR &gt; 3.00; p &lt; 0.001) for boys and girls. Values ranged between 5.22 s–4.00 s to 20-mST and between 125.0 cm–160.0 cm to 2 kgMBTT. Conclusion. The 20-mST and the 2 kgMBTT presented sufficient accuracy for the screening of children aged between 6 and 11 years with greater chances of having low aBMD in the total spine and pelvis, with valid cut-off points

Regulation of activity and localization of the WNK1 protein kinase by hyperosmotic stress

Mutations within the WNK1 (with-no-K[Lys] kinase-1) gene cause Gordon's hypertension syndrome. Little is known about how WNK1 is regulated. We demonstrate that WNK1 is rapidly activated and phosphorylated at multiple residues after exposure of cells to hyperosmotic conditions and that activation is mediated by the phosphorylation of its T-loop Ser382 residue, possibly triggered by a transautophosphorylation reaction. Activation of WNK1 coincides with the phosphorylation and activation of two WNK1 substrates, namely, the protein kinases STE20/SPS1-related proline alanine–rich kinase (SPAK) and oxidative stress response kinase-1 (OSR1). Small interfering RNA depletion of WNK1 impairs SPAK/OSR1 activity and phosphorylation of residues targeted by WNK1. Hyperosmotic stress induces rapid redistribution of WNK1 from the cytosol to vesicular structures that may comprise trans-Golgi network (TGN)/recycling endosomes, as they display rapid movement, colocalize with clathrin, adaptor protein complex 1 (AP-1), and TGN46, but not the AP-2 plasma membrane–coated pit marker nor the endosomal markers EEA1, Hrs, and LAMP1. Mutational analysis suggests that the WNK1 C-terminal noncatalytic domain mediates vesicle localization. Our observations shed light on the mechanism by which WNK1 is regulated by hyperosmotic stress

Economic values for ecosystem services: A global synthesis and way forward

This paper presents a global synthesis of economic values for ecosystem services provided by 15 terrestrial and marine biomes. Information from over 1,300 studies, yielding over 9,400 value estimates in monetary units, has been collected and organised in the Ecosystem Services Valuation Database (ESVD). This is a substantial expansion of data since the de Groot et al. (2012) description of the ESVD and provides an important juncture to explore developments in the use of valuation methods and the contexts in which valuations are conducted. In this paper we provide summary values for 23 ecosystem services from 15 biomes to represent the magnitude, variation and gaps in economic values. To enable the comparison and synthesis of values, estimates in the ESVD are standardised to a common set of units (Int$/ha/year at 2020 price levels). This data provides a basis for value transfers to inform decision-making in current policy contexts but requires due consideration and adjustment for context specific determinants of value. Although the coverage of the ESVD is global, the geographic distribution of data is not even. There is a particularly high representation of European ecosystems and relatively little information for Russia, Central Asia and North Africa. Therefore, the data are not globally representative of biophysical and socio-economic contexts. The distribution of data across ecosystem services is also far from even, with some services very well represented (e.g. recreation, wild fish and wild animals, ecosystem and species appreciation, air filtration and global climate regulation) and others with almost no value estimates (e.g. disease control, water baseflow maintenance, rainfall pattern regulation). In the past decade, there has been a notable increase in demand for information on the economic value of ecosystem services from both public and private institutions to improve the conservation and management of natural capital. The literature is developing to meet this demand but there is a need for targeted and refined valuation research to ensure sufficient certainty, comparability, and representativeness of the data, and to enable transferability and fill knowledge gaps. This paper concludes by identifying avenues for future development to further increase the amount, quality, representativeness and application of data on economic values for ecosystem services