Freedom of Association

To determine whether a limitation upon freedom of association by a state is constitutionally justified, the Court must balance the interests of those individuals whose rights have been restricted against the interests of the state involved. Constitutional freedoms guaranteed by the First Amendment may be restricted only when the state has a compelling interest. A state may take action in the interest of public safety, health, or welfare to prevent abuse of the exercise of these freedoms, but it may not curtail the rights themselves. Only the public interest or a clear and present danger would justify restriction of First Amendment freedoms. Confronted with the desirability of suppressing an organization, a governmental group may use one or more of the following approaches: (1) enforce criminal laws; (2) apply administrative and regulatory powers; (3) bring the pressure of public opinion against the group and its members

Viewpoint of the Consumer

When Adam Smith described his self-regulating economy in the 1770\u27s, he assumed that its motive power would be provided by the interplay of mutual demands and concessions between economic entities, and that such interplay would result in a balance of power. Since that time, the growth of huge corporations that employ modern technology, complex manufacturing processes, mass production, and mass advertising, into clusters of private collectivisms has substantially upset any such supposed balance of power

Labor Union Tort Liability

One of the major problems in determination of labor union tort liability is the extent of federal pre-emption of labor law matters-does it preclude either state legislation or court action where interstate commerce is affected

Liability of Retailer and Wholesaler

With the ever-increasing dependence of the consumer on his retailer to supply the consumer\u27s needs, the increasing importance of implied warranties is clearly seen. It is for the retailer to see that the goods which he sells are suitable for the use and purpose which the consumer will make of them. Failure to offer suitable merchandise should carry with it liability for the resulting loss suffered by the consumer. When injured consumers have chosen to seek recovery from the wholesalers of goods which have caused them harm, they have generally brought actions for negligence or for breach of implied warranty of quality.The consumers have been most successful in negligence actions against wholesalers where they have not had to prove fault in the wholesaler in order to recover. Recovery is, of course, more difficult when some degree of fault must be shown in the wholesaler, since the wholesaler\u27s function is usually only to handle the goods with little opportunity to cause the commodities to be deleterious

The effects of atomic oxygen on the thermal emittance of high temperature radiator surfaces

Radiator surfaces on high temperature space power systems such as SP-100 space nuclear power system must maintain a high emittance level in order to reject waste heat effectively. One of the primary materials under consideration for the radiators is carbon-carbon composite. Since carbon is susceptible to attack by atomic oxygen in the low earth orbital environment, it is important to determine the durability of carbon composites in this environment as well as the effect atomic oxygen has on the thermal emittance of the surface if it is to be considered for use as a radiator. Results indicate that the thermal emittance of carbon-carbon composite (as low as 0.42) can be enhanced by exposure to a directed beam of atomic oxygen to levels above 0.85 at 800 K. This emittance enhancement is due to a change in the surface morphology as a result of oxidation. High aspect ratio cones are formed on the surface which allow more efficient trapping of incident radiation. Erosion of the surface due to oxidation is similar to that for carbon, so that at altitudes less than approximately 600 km, thickness loss of the radiator could be significant (as much as 0.1 cm/year). A protective coating or oxidation barrier forming additive may be needed to prevent atomic oxygen attack after the initial high emittance surface is formed. Textured surfaces can be formed in ground based facilities or possibly in space if emittance is not sensitive to the orientation of the atomic oxygen arrival that forms the texture

Labor Union Tort Liability

One of the major problems in determination of labor union tort liability is the extent of federal pre-emption of labor law matters-does it preclude either state legislation or court action where interstate commerce is affected

Tort Actions between Husband and Wife

In the majority of states, the Married Women\u27s Acts or Emancipation Acts statutes have no express provision with respect to personal tort actions between spouses. Instead, they provide in general language that married women may sue separately for torts committed against them and that they may sue and be sued as though they were unmarried. In most of these states, however, the courts have held that such statutes do not abrogate the common law rule of spousal immunity

La chose en soi comme concept «critique» : le problème de la limitation de la connaissance dans la Critique de la raison pure de Kant

Dans ce mémoire, nous nous proposons de montrer que le concept kantien de chose en soi est à la fois un concept métaphysique et un concept critique. En ce sens, la chose en soi doit être comprise comme un objet transcendantal réel qui existe à titre de cause des phénomènes. Si, contrairement à ce que soutenaient F.H. Jacobi (1787) et G.E. Schulze (1791), cela ne suppose pas de sortir du criticisme, c'est qu'une telle affirmation prend la forme d'une connaissance analogique qui respecte les limites de la connaissance humaine. De fait, la connaissance analogique permet de pointer en direction de quelque chose dont la nature (Beschaffenheit) peut demeurer problématique, tout en permettant d'affirmer son existence (Dasein). Nous serons dès lors conduite à montrer que la Critique de la raison pure fournit bel et bien les outils nécessaires permettant de rendre compte de l’existence des choses en soi à titre de causes des phénomènes.In the following thesis, we will claim that Kant’s concept of a thing-in-itself is both a metaphysical and a critical concept. Accordingly, the thing-in-itself must be understood as a real transcendental object that grounds phenomena. Thus, we maintain – contrary to F.H. Jacobi’s (1787) and G.E. Schulze’s (1791) harsh objections – that this assertion does not violate the structures of critical philosophy. Indeed, this particular claim is arrived at through analogical cognition, which does not transgress the boundaries of human knowledge: as a matter of fact, analogical cognition allows us to point towards and assert the existence (Dasein) of something the nature (Beschaffenheit) of which may remain problematic. Thus, we believe that Kant’s metaphysical commitment with regard to the existence of the thing-in-itself as ground of phenomena can be fully justified within the Critique of Pure Reason

Aeolian removal of dust from radiator surfaces on Mars

Simulated radiator surfaces made of arc-textured Cu and Nb-1 percent-Zr and ion beam textured graphite and C-C composite were fabricated and their integrated spectral emittance characterized from 300 to 3000 K. A thin layer of aluminum oxide, basalt, or iron (III) oxide dust was then deposited on them, and they were subjected to low pressure winds in the Martian Surface Wind Tunnel. It was found that dust deposited on simulated radiator surfaces may or may not seriously lower their integrated spectral emittance, depending upon the characteristics of the dust. With Al2O3 there is no appreciable degradation of emittance on a dusted sample, with basaltic dust there is a 10 to 20 percent degradation, and with Fe2O3 a 20 to 40 percent degradation. It was also found that very high winds on dusted highly textured surfaces can result in their abrasion. Degradation in emittance due to abrasion was found to vary with radiator material. Arc-textured Cu and Nb-1 percent Zr was found to be more susceptible to emittance degradation than graphite or C-C composite. The most abrasion occurred at low angles, peaking at the 22.5 deg test samples

Effects of dust accumulation and removal on radiators surfaces on Mars

Tests were carried out to assess the impact of wind blown dust accumulation and abrasion on radiator surfaces on Mars. High emittance arc-textured copper and niobium-1 percent-zirconium samples were subjected to basaltic dust laden wind at Martian pressure (1000 Pa) at speeds varying from 19 to 97 m/s in the Martian Surface Wind Tunnel. The effect of accumulated dust was also observed by pre-dusting some of the samples before the test. Radiator degradation was determined by measuring the change in the emittance after dust was deposited and/or removed. The principle mode of degradation was abrasion. Arc textured Nb-1 percent-Zr proved to be more susceptible to degradation than Cu, and pre-dusting appeared to have lessened the abrasion