601 research outputs found

    Interview with John and Judy Harland, Class of 1967

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    Oral history interview with Illinois State Normal University alumni John and Judy Harland, Class of 1967. The interview was conducted on October 9, 1982, by Verna Corbett, Treasurer of the Student Alumni Council. John Harland recalls playing on the ISNU football team, which he admits “wasn’t very good,” and Judy recounts her experiences as an Honor Resident in Fell Hall. The Harlands both remember the assassination of John F. Kennedy as the most important national event that happened during their college years.https://ir.library.illinoisstate.edu/aoh/1021/thumbnail.jp

    Making the housing-transportation connection: University of Montana student residential patterns and commuting practices

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    A Poll Tax by Another Name: Considering the Constitutionality of Conditioning Naturalization and the “Right to Have Rights” on an Ability to Pay

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    Permanent residents must naturalize to enjoy full access to constitutional rights, particularly the right to vote. However, new regulations from U.S. Citizenship and Immigration Services (USCIS), finalized in early August and originally slated to go into effect one month before the 2020 election, would drastically increase the cost of naturalization, moving it out of reach for many otherwise-qualified permanent residents, while at the same time abolishing any meaningful fee waiver for low-income applicants. In doing so, USCIS has sought to condition naturalization and its attendant rights on an individual’s financial status. In this Essay, I juxtapose the new fee regulations with a growing caselaw and scholarly literature about financial status, voting, and an individual’s ability to pay. Placed alongside the ability-to-pay caselaw—including Griffin v. Illinois and Bearden v. Georgia and, more recently, the litigation about Florida’s felony disenfranchisement provisions—it is clear that the new fee policies should be seen as due process and equal protection violations and struck down. I conclude by noting possibilities for litigation or legislation that would preserve a meaningful safety valve to allow low-income individuals to realize the full benefits of naturalization and access all the rights that come with i

    The New Comity Abstention

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    In the past ten years, lower federal courts have quietly but regularly abstained from hearing federal claims challenging state court procedures, citing concerns of comity and federalism. Federal courts have dismissed a broad range of substantive challenges tasked to them by Congress, including under the Americans with Disabilities Act, the Indian Child Welfare Act, and various constitutional provisions, involving state court eviction proceedings, foster care determinations, bail and criminal justice policies, COVID-era safety practices, and other instances where state courts determine state policy. This paper is the first to argue that these decisions constitute a new abstention doctrine, unmoored from precedent, which I label “the new comity abstention.” The new comity abstention doctrine, currently percolating in the lower federal courts, would bar enforcement of federal rights any time there might be some downstream effect on state court proceedings or require a federal court to review state court procedures. If fully adopted, however, the doctrine would amount to a categorical abdication of the federal courts’ role in enforcing federal rights over more than a third of state policymaking and severe threat to federal jurisdiction. I proceed in three parts. In Part I, I define the new doctrine and demonstrate how it deviates from its antecedents in scale and scope. In Part II, I argue that the new doctrine lacks coherence, at least when comity and federalism concerns function as a quasi-jurisdictional bar at the threshold of litigation in federal court. Instead, as addressed in Part III, comity and federalism concerns are better understood as informing which remedies the federal court should adopt after adjudication on the merits, not whether to hear the case in the first place. Doing so acknowledges the federalism and comity concerns at play, mitigates the potential harms of federal court review, and still allows federal courts to safeguard access to federal rights

    Anesthetic Malpractice in Canada

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    Making allowance for the tenfold difference in population between Canada and the United States, it is evident that litigation arising from anesthetic malpractice is very much less common in the former country. We have attempted to give some of the reasons for this discrepancy

    Res Ipsa Loquitur in Malpractice Cases in Canada

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    We do not intend here to advocate or condemn application of the doctrine of res ipsa loquitur in malpractice cases, but simply to indicate the cases where it was or was not applied, relying where possible on direct quotation from the judgments

    Visualising scattering underwater acoustic fields using laser Doppler vibrometry

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    Analysis of acoustic wavefronts are important for a number of engineering design, communication and healthrelated reasons, and it is very desirable to be able to understand the interaction of acoustic fields and energy with obstructions. Experimental analysis of acoustic wavefronts in water has traditionally been completed with single or arrays of piezoelectric or magnetostrictive transducers or hydrophones. These have been very successful, but the presence of transducers within the acoustic region can in some circumstances be undesirable. The research reported here, describes the novel application of scanning laser Doppler vibrometry to the analysis of underwater acoustic wavefronts, impinging on circular cross section obstructions. The results demonstrate that this new non-invasive acoustics measurement technique can successfully visualise and measure reflected acoustic fields, diffraction and refraction effects

    Nonperturbing measurements of spatially distributed underwater acoustic fields using a scanning laser Doppler vibrometer

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    Localized changes in the density of water induced by the presence of an acoustic field cause perturbations in the localized refractive index. This relationship has given rise to a number of nonperturbing optical metrology techniques for recording measurement parameters from underwater acoustic fields. A method that has been recently developed involves the use of a Laser Doppler Vibrometer (LDV) targeted at a fixed, nonvibrating, plate through an underwater acoustic field. Measurements of the rate of change of optical pathlength along a line section enable the identification of the temporal and frequency characteristics of the acoustic wave front. This approach has been extended through the use of a scanning LDV, which facilitates the measurement of a range of spatially distributed parameters. A mathematical model is presented that relates the distribution of pressure amplitude and phase in a planar wave front with the rate of change of optical pathlength measured by the LDV along a specifically orientated laser line section. Measurements of a 1 MHz acoustic tone burst generated by a focused transducer are described and the results presented. Graphical depictions of the acoustic power and phase distribution recorded by the LDV are shown, together with images representing time history during the acoustic wave propagation

    The Yellow Book, Vol. 3

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    A British quarterly periodical published between 1894-1897, taking its name from illicit French literature. The magazine contained a wide range of content, from poems and short stories to reproductions of paintings.https://digitalcommons.whitworth.edu/yellowbook/1002/thumbnail.jp
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