Workmen\u27s Compensation - Federal Employers\u27 Liability Act - Coverage Under 1939 Amendment

In 1956 the Supreme Court handed down two decisions interpreting the 1939 Amendment to the Federal Employers\u27 Liability Act which substantially extended the act\u27s coverage. The purpose of this short comment is to examine this extension and its impact on the perennial controversy between advocates of the FELA on the one hand and workmen\u27s compensation on the other

Federal Procedure - Jurisdiction - Minimal Diversity Permitted By the Federal Interpleader Act Satisfies Constitutional Requirements

A disinterested Texas bank brought a federal interpleader action under 28 U.S.C. (1952) §1335 against a Texas widow and four joint claimants, three of whom were Texas citizens and the other a Tennessee citizen. On appeal from a summary judgment for the joint claimants, the widow argued that the court lacked jurisdiction. Held, affirmed. Congress intended that section 1335 should cover these minimal facts. The complete diversity\u27\u27 requirement of Strawbridge v. Curtiss is only a rule of statutory construction and not a constitutional requirement. Haynes v. Felder, (5th Cir. 1957) 239 F. (2d) 868

Constitutional Law - Citizenship - Power of Congress to Effect Involuntary Expatriation

In four recent cases the United States Supreme Court has dealt with the power of Congress to effect the denationalization of native-born citizens without their consent. Three cases, Perez v. Brownell, Trop v. Dulles, and Mendoza-Martinez v. Mackey dealt with the constitutionality of sections 401(e), 401(g) and 401(j), respectively, of the Nationality Act of 1940. The fourth case, Nishikawa v. Dulles dealt only with the burden of proof when duress is alleged under section 401(c), but contained one opinion of constitutional significance. The purpose of this comment is to analyze and evaluate these decisions

Studying Turbulence using Doppler-broadened lines: Velocity Coordinate Spectrum

We discuss a new technique for studying astrophysical turbulence that utilizes the statistics of Doppler-broadened spectral lines. The technique relates the power Velocity Coordinate Spectrum (VCS), i.e. the spectrum of fluctuations measured along the velocity axis in Position-Position-Velocity (PPV) data cubes available from observations, to the underlying power spectra of the velocity/density fluctuations. Unlike the standard spatial spectra, that are function of angular wavenumber, the VCS is a function of the velocity wave number k_v ~ 1/v. We show that absorption affects the VCS to a higher degree for small k_v and obtain the criteria for disregarding the absorption effects for turbulence studies at large k_v. We consider the retrieval of turbulence spectra from observations for high and low spatial resolution observations and find that the VCS allows one to study turbulence even when the emitting turbulent volume is not spatially resolved. This opens interesting prospects for using the technique for extragalactic research. We show that, while thermal broadening interferes with the turbulence studies using the VCS, it is possible to separate thermal and non-thermal contributions. This allows a new way of determining the temperature of the interstellar gas using emission and absorption spectral lines.Comment: 27 page, 3 figures, content extended and presentation reorganized to correspond to the version accepted to Ap

Out-Of-Focus Holography at the Green Bank Telescope

We describe phase-retrieval holography measurements of the 100-m diameter Green Bank Telescope using astronomical sources and an astronomical receiver operating at a wavelength of 7 mm. We use the technique with parameterization of the aperture in terms of Zernike polynomials and employing a large defocus, as described by Nikolic, Hills & Richer (2006). Individual measurements take around 25 minutes and from the resulting beam maps (which have peak signal to noise ratios of 200:1) we show that it is possible to produce low-resolution maps of the wavefront errors with accuracy around a hundredth of a wavelength. Using such measurements over a wide range of elevations, we have calculated a model for the wavefront-errors due to the uncompensated gravitational deformation of the telescope. This model produces a significant improvement at low elevations, where these errors are expected to be the largest; after applying the model, the aperture efficiency is largely independent of elevation. We have also demonstrated that the technique can be used to measure and largely correct for thermal deformations of the antenna, which often exceed the uncompensated gravitational deformations during daytime observing. We conclude that the aberrations induced by gravity and thermal effects are large-scale and the technique used here is particularly suitable for measuring such deformations in large millimetre wave radio telescopes.Comment: 10 pages, 7 figures (accepted by Astronomy & Astrophysics

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Why does the European Right accommodate backsliding states? An analysis of 24 European People’s Party votes (2011-2019)

This is the author accepted manuscript. The final version is available from Cambridge University Press via the DOI in this recordOver the last decade, the EU’s fundamental values have been under threat at the national level, in particular among several Central and Eastern European states that joined the EU since 2004. During this time, the European People’s Party (EPP) has been criticised for its unwillingness to vote for measures that would sanction the Hungarian Fidesz government, one of its members, in breach of key democratic principles since 2010. In this paper, we seek to understand how cohesive the EPP group has been on fundamental values related votes, how the position of EPP MEPs on these issues has evolved over time, and what explains intra-EPP disagreement on whether to accommodate rule of law offenders within the EU. To address these questions, we analyse the votes of EPP MEPs across 24 resolutions on the protection of EU fundamental values between 2011-2019. Our findings reveal below-average EPP cohesion on these votes, and a sharp increase in the tendency of EPP MEPs to support these resolutions over time. A number of factors explain the disagreements we find. While the EPP’s desire to maintain Fidesz within its ranks is central, this explanation does not offer a comprehensive account of the group’s accommodative behaviour. In particular, we find that ideological factors as well as the strategic interests of national governments at the EU level are central to understanding the positions of EPP MEPs, as well as the evolution of these positions over time. These results further our understanding of the nature of the obstacles to EU sanctions in rule of law abuse cases, and the role of partisanship in fuelling EU inaction especially