AFFIRMATIVE ACTION AND JUDICIAL REVIEW

The Equal Protection Clause of the U.S. Constitution, which is believed to have had a major influence on the drafting of Article 14 of the Japanese Constitution, was enacted to protect formerly enslaved blacks and their descendants after the American Civil War in 1861. However, the Equal Protection Clause has since been interpreted as a race-neutral provision, and the Supreme Court has a developed a theory of case law that interprets the Clause in a race-neutral manner. Under that interpretation of the Clause in question, there has been a conflict between the Supreme Court justices over the application of the standard of judicial review in cases where the constitutionality of Affirmative Action, a system designed to redress the harmful effects of past racial discrimination, has been brought into question. This article therefore clarifies the conflicts among the Supreme Court justices over the application of the standard of judicial review, focusing on the Supreme Court cases involving violations of the Equal Protection Clause of the U.S. Constitution, and examines the judicial review that justifies Affirmative Action

Posterior maxillary alveolar vertical distraction osteogenesis by bi-directional distractor

AbstractA patient with severe posterior maxillary hypoplasia was simulated using a 3-dimensional model by rapid prototyping, and segmental vertical distraction osteogenesis was planned to advance the posterior maxillary segment. The bi-directional distractor was adapted to the alveolar ridge and zygomatic buttress. After a 7-day latency period, we started distraction at a rate of 0.35mm every 12h. 12mm of advancement of the posterior maxillary segment was achieved. This distraction osteogenesis using a bi-directional distractor with proper therapeutic planning and good surgical technique will help ensure adequate vector control to predictably regenerate the hard and soft tissues during alveolar distraction

憲法上の平等原則と司法審査基準の適用をめぐる法的諸問題について

広島大学(Hiroshima University)博士(法学)Doctor of Lawsdoctora

The substantive value of the equal protection clause of the constitution

The traditional concept of equality, which can be expressed as “equal things should be treated equally”, is said to be value-neutral. However, when a court makes some sort of value decision regarding a case related to equality, it must make its decision based on a substantive value whose existence has a basis in the constitution. That is to say, at the core of “equality under the law” in article 14 (1) of the Japanese constitution, there exists some kind of substantive value. Therefore, in this study, first, I consider the assertion of Peter Westen that “equality is a value-neutral empty concept” as well as the assertion of Kenneth L. Karst that “the basic principle of equal citizen status” exists at the core of the equal protection clause of the U.S. constitution. I found that at the core of the equal protection clause of the U.S. constitution, as described by Karst, is a principle with substantive value: “equal respect to individual” members of society. The substantive value of “equality under the law” in article 14 (1) of the Japanese constitution as a “principle” can be found in article 13, which seems to mean each individual has “dignity” and “should be respected equally as an individual”. This seems to match the substantive value of the aforementioned equality principle in the U.S. constitution cited by Karst. With such reflection, the substantive value of “equality under the law” in article 14 (1) in the Japanese constitution could be ultimately concluded to mean the principle of “dignity of individuals” and equal attention to individual personality value so as not to violate the dignity of individuals: i.e., a principle of “equality of personal value”

Evidence for nuclear radio jet and its structure down to <100 Schwarzschild radii in the center of the Sombrero galaxy (M 104, NGC 4594)

Abridged: We investigated the detailed radio structure of the nucleus of the Sombrero galaxy using high-resolution, quasi-simultaneous, multi-frequency, phase-referencing VLBA observations. We obtained the VLBI images toward this nucleus, with unprecedented sensitivities and resolutions, at the seven frequencies between 1.4 and 43 GHz, where those at 15, 24 and 43 GHz are the first clear VLBI detections. At 43 GHz, the nuclear structure was imaged on a linear scale under 100 Schwarzschild radii. For the first time, we have discovered the presence of the extended structure in this nucleus, which is directing from the radio core in two sides toward northwest/southeast directions. The nuclear structure shows a clear spatial gradient on the radio spectra, which is similar to that commonly seen in more luminous AGN with powerful relativistic jets. Moreover, the radio core shows a frequency-dependent size with an elongated shape, and the position of the core also tends to be frequency dependent. A set of these new findings provide evidence that the central engine of the Sombrero is powering radio jets. Based on the observed brightness ratio of jet-to-counter jet, core position shift and its comparison with a theoretical model, we constrained the following fundamental physical parameters for the M 104 jets: (1) the northern side is the approaching jet, whereas the southern side is receding: (2) the inclination angle of the jet is relatively close to our line-of-sight, probably less than ~25degrees: (3) the jet intrinsic velocity is highly sub-relativistic at a speed less than ~0.2c. The derived pole-on nature of the M 104 jet is in accordance with the previous argument that M 104 contains a true type II AGN, i.e., the broad line region of this nucleus is actually absent or intrinsically weak, if the plane of the presumed circumnuclear torus is perpendicular to the axis of the radio jets.Comment: 12 pages, 9 figures, 4 tables, accepted for publication in Ap