Civil Procedure and the Ministerial Exception

In Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, the U.S. Supreme Court recognized a ministerial exception to the ordinary rules of employer liability. The Court also concluded that the exception operates as an affirmative defense rather than a jurisdictional bar. This conclusion raises quite significant questions about how courts should address the exception in the course of litigation. This Article posits that courts should approach these procedural questions in light of the underlying justification for the ministerial exception. The exception reflects a longstanding constitutional limitation on the competence of courts to resolve “strictly and purely ecclesiastical” questions. To conclude that the exception operates as an affirmative defense does not alter this fundamental limitation on the authority of secular courts. As a practical matter, this means that in litigation between religious institutions and their employees, courts may be required to manage discovery to resolve threshold questions about the application of the ministerial exception before permitting broader discovery. Similarly, courts should consider permitting interlocutory appeals of trial court decisions that deny motions for summary judgment based on the exception. And courts not only should conclude that religious institutions do not waive the defense by failing to raise it but also ought to raise it sua sponte when the facts indicate that the exception may apply. These departures from the ordinary treatment of affirmative defenses are necessary to respect the constitutional principles that the Court articulated in Hosanna-Tabor

Thermoviscoplastic response of Ti-15-3 under various loading conditions

The long term objective is to develop a combined experimental analytic methodology for predicting the thermoviscoplastic behavior of the neat (i.e., unreinforced) titanium matrix. Once a constitutive model which adequately describes the behavior of titanium has been identified, the viscoplastic behavior of unidirectional composites will be predicted through the use of the rule-of-mixtures. A crucial aspect of the study is the selection of a constitutive model to describe the thermoviscoplastic behavior of titanium

Perfect bell nozzle parametric and optimization curves

Nozzle contour data for untruncated Bell nozzles with expansion area ratios to 6100 and a specific heat ratio of 1.2 are provided. Curves for optimization of nozzles for maximum thrust coefficient within a given length, surface area, or area ratio are included. The nozzles are two dimensional axisymmetric and calculations were performed using the method of characteristics. Drag due to wall friction was included in the final thrust coefficient

Flight data display studies for real time computer flight evaluation Final report

Real time displays for in-flight monitoring of Saturn launch vehicle

How Well Does the Typical Accounting Bachelor\u27s Degree Prepare Students For a Career in the Accounting Department of the United States Government?

This study investigates the effectiveness of the typical Accounting Bachelor’s Degree in preparing graduates to enter the Accounting Department of the United States Government. My experiences as a student at Olivet Nazarene University and as an intern with the Department of Defense have revealed a gap in accounting curriculum. Governmental accounting is rarely required by universities, presenting unnecessary challenges to entry-level government accountants. A survey conducted by the Government Accountants Journal, in 2000, revealed that only 33% of universities require governmental accounting. (Campbell, 2000) Our further analysis indicates that these numbers have not improved. To investigate this issue, we conducted a study within a Department of Defense organization to determine whether government accountants are adequately prepared by their college education. We issued a survey to roughly 100 government financial employees who work closely with the accounting system. The survey was composed of four sections including personal demographics, training experiences, statements of agreement, and short answer responses. Forty-eight individuals responded to the survey, which provided the basis for our conclusion that governmental accounting should be required in undergraduate programs. The survey indicated that over 60% of people surveyed did not take any classes in governmental accounting. In addition, one-third of respondents admitted that they do not fully understand how the accounting system works. These shortcomings were accompanied by the respondents’ collective response to whether governmental accounting should be required in an accounting undergraduate degree. Two-thirds of respondents agreed, including 23% who strongly agreed with this statement. Our hypothesis was further supported by the fact that roughly 80% of respondents who did not have governmental accounting admitted to not understanding the governmental accounting system. This collective evidence indicates that undergraduate programs are not adequately preparing individuals for a career with the United States Government. That said, there were a few limitations of our survey that could cause hesitation before reconfiguring a university’s curriculum. A high risk of error exists in drawing conclusions because the survey only reached 48 respondents who represent over 110,000 people. In addition, some of the respondents indicated that their work does not involve the accounting system as we had expected. These limitations make it necessary for further study to be conducted before drastic changes are made to a university’s curriculum

Auralization of a Supersonic Business Jet Using Advanced Takeoff Procedures

Recent NASA studies of a supersonic business jet airplane indicated that advanced takeoff procedures could be used to reduce noise at the lateral sideline location to a level at which Chapter 4 noise certification requirements could be met. The studies were conducted with the NASA Aircraft Noise Prediction Program, using an analytical model of the airframe and its engines. The advanced procedure consists of a higher-speed climbout and a programmed thrust lapse in which the engine thrust is automatically and gradually reduced immediately after the runway obstacle is cleared. In this paper, the authors utilize the results of the most recent study as the basis of an auralization of the predicted noise. Modifications to the NASA Auralization Framework necessary for that process are described. The auralizations are used to demonstrate differences between standard and advanced takeoff pro ond those that may be observed through comparison of integrated noise metrics

Curation and preservation of complex data: North Carolina Geospatial Data Archiving Project

The North Carolina Geospatial Data Archiving Project (NCGDAP) is a three-year joint effort of the North Carolina State University Libraries and the North Carolina Center for Geographic Information and Analysis focused on collection and preservation of digital geospatial data resources from state and local government agencies. CGDAP is being undertaken in partnership with the Library of Congress under the ational Digital Information Infrastructure and Preservation Program (NDIIPP). “Digital geospatial data” consists of digital information that identifies the geographic location and characteristics of natural or constructed features and boundaries on the earth. Such data resources include geographic information systems (GIS) data sets, digitized maps, remote sensing data resources such as digital aerial photography, and tabular data that are tied to specific locations. These complex data objects do not suffer well from neglect, and long-term preservation will involve some combination of format migration and retention of critical documentation. While the main focus of NCGDAP is on organizational issues related to the engagement of spatial data infrastructure in the process of data archiving--with the demonstration repository seen more as a catalyst for discussion rather than an end in itself--this paper focuses more narrowly on the technical challenges associated with eveloping an ingest workflow and archive development process. New preservation hallenges associated with emergent content forms are also resented

Cargo/Logistics Airlift System Study (CLASS), Volume 2

Air containerization is discussed in terms of lower freight rates, size and pallet limitations, refrigeration, backhaul of empties, and ownership. It is concluded that there is a need for an advance air cargo system as indicated by the industry/transportation case studies, and a stimulation of the air cargo would result in freight rate reductions

Cargo/Logistics Airlift System Study (CLASS), Volume 1

Current and advanced air cargo systems are evaluated using industrial and consumer statistics. Market and commodity characteristics that influence the use of the air mode are discussed along with a comparison of air and surface mode on typical routes. Results of on-site surveys of cargo processing facilities at airports are presented, and institutional controls and influences on air cargo operations are considered