Prospective Overruling and the Revival of ‘Unconstitutional\u27 Statutes

The Supreme Court\u27s decision in Planned Parenthood v. Casey reshaped the law of abortion in this country. The Court overturned two of its previous decisions invalidating state restrictions on abortions, Thornburgh v. American College of Obstetricians and Gynecologists and Akron v. Akron Center for Reproductive Health, and it abandoned the trimester analytic framework established in Roe v. Wade. At the time Casey was handed down, twenty states had restrictive abortion statutes on the books that were in conflict with Akron or Thornburgh and which were unenforced. In six of these states, courts had held the statutes unconstitutional. Almost as soon as the Casey ruling was announced, the campaign to secure enforcement of these restrictions began. Are these statutes good law, despite the fact that they were once in conflict with governing Supreme Court precedent (and in some cases had been judicially determined to violate women\u27s constitutional rights)? Alternatively, will they have to be re-enacted by the legislature to be enforceable? These questions highlight the revival issue. The revival issue arises when a court overrules a prior decision in which it had held a statute unconstitutional. (We will throughout this article refer to the first decision as the invalidating decision, and to the second decision as the overruling decision. ) Should the enforceability of a statute passed prior to the overruling decision be determined by reference to the invalidating decision--in which case the statute would have to be repassed to be in effect--or by reference to the overruling decision--in which case the statute would not have to be repassed? In other words, does the overruling decision automatically revive a previously unenforceable statute? The way in which the revival issue is resolved will thus determine whether, in light of Casey, previously unenforced statutes became enforceable without the need for any post-Casey legislative action. In addition to affecting what kind of abortion regulations are in effect in twenty states in the immediate wake of Casey, this determination has profound consequences for the kind of abortion regulations that will be in effect in these states in the future. Such long-term consequences reflect the fact that our governmental system is not one of pure majoritarianism and that the burden of inertia in our legislative process is heavy: as we will discuss, statutes on the books can stay on the books even if a current majority no longer desires them; in contrast, proposed statutes need supermajoritarian support to secure passage. Therefore, the starting point for future legislative action--such as whether pre-Casey abortion regulations are enforceable--influences the legislative action that in fact develops

The effect of advance ratio on the aerodynamics of revolving wings

Recent studies have demonstrated that a quasi-steady model closely matches the instantaneous force produced by an insect wing during hovering flight. It is not clear, however, if such methods extend to forward flight. In this study we use a dynamically scaled robotic model of the fruit fly Drosophila melanogaster to investigate the forces produced by a wing revolving at constant angular velocity while simultaneously translating at velocities appropriate for forward flight. Because the forward and angular velocities were constant wing inertia was negligible, and the measured forces can be attributed to fluid dynamic phenomena. The combined forward and revolving motions of the wing produce a time-dependent free-stream velocity profile, which suggests that added mass forces make a contribution to the measured forces. We find that the forces due added mass make a small, but measurable, component of the total force and are in excellent agreement with theoretical values. Lift and drag coefficients are calculated from the force traces after subtracting the contributions due to added mass. The lift and drag coefficients, for fixed angle of attack, are not constant for non-zero advance ratios, but rather vary in magnitude throughout the stroke. This observation implies that modifications of the quasi-steady model are required in order to predict accurately the instantaneous forces produced during forward flight. We show that the dependence of the lift and drag coefficients upon advance ratio and stroke position can be characterized effectively in terms of the tip velocity ratio – the ratio of the chordwise components of flow velocity at the wing tip due to translation and revolution. On this basis we develop a modified quasi-steady model that can account for the varying magnitudes of the lift and drag coefficients. Our model may also resolve discrepancies in past measurements of wing performance based on translational and revolving motion

Breaking the cycle? The effect of education on welfare receipt among children of welfare recipients

We examine the impact of high school graduation on the probability individuals from welfare backgrounds use welfare themselves. Our data consists of administrative educational records for grade 12 students in a Canadian province linked with their own and their parents' welfare records. We address potential endogeneity problems by: 1) controlling for ability using past test scores; 2) using an instrument for graduation based on school principal fixed effects; and 3) using a Heckman- Singer type unobserved heterogeneity estimator. Graduation would reduce welfare receipt of dropoutsby Ý to 3/4. Effects are larger for individuals from troubled family backgrounds and low income neighbourhoods.

A linear systems analysis of the yaw dynamics of a dynamically scaled insect model

Recent studies suggest that fruit flies use subtle changes to their wing motion to actively generate forces during aerial maneuvers. In addition, it has been estimated that the passive rotational damping caused by the flapping wings of an insect is around two orders of magnitude greater than that for the body alone. At present, however, the relationships between the active regulation of wing kinematics, passive damping produced by the flapping wings and the overall trajectory of the animal are still poorly understood. In this study, we use a dynamically scaled robotic model equipped with a torque feedback mechanism to study the dynamics of yaw turns in the fruit fly Drosophila melanogaster. Four plausible mechanisms for the active generation of yaw torque are examined. The mechanisms deform the wing kinematics of hovering in order to introduce asymmetry that results in the active production of yaw torque by the flapping wings. The results demonstrate that the stroke-averaged yaw torque is well approximated by a model that is linear with respect to both the yaw velocity and the magnitude of the kinematic deformations. Dynamic measurements, in which the yaw torque produced by the flapping wings was used in real-time to determine the rotation of the robot, suggest that a first-order linear model with stroke-average coefficients accurately captures the yaw dynamics of the system. Finally, an analysis of the stroke-average dynamics suggests that both damping and inertia will be important factors during rapid body saccades of a fruit fly

SIMULATED IN-TRANSIT VIBRATION DAMAGE TO FRESH MARKET RASPBERRIES

Agribusiness,