747 research outputs found
Ultra high bypass Nacelle aerodynamics inlet flow-through high angle of attack distortion test
A flow-through inlet test program was conducted to evaluate inlet test methods and determine the impact of the fan on inlet separation when operating at large angles of attack. A total of 16 model configurations of approximately 1/6 scale were tested. A comparison of these flow-through results with powered data indicates the presence of the fan increased separation operation 3 degrees to 4 degrees over the flow through inlet. Rods and screens located at the fan face station, that redistribute the flow, achieved simulation of the powered-fan results for separation angle of attack. Concepts to reduce inlet distortion and increase angle of attack capability were also evaluated. Vortex generators located on the inlet surface increased inlet angle of attack capability up to 2 degrees and reduced inlet distortion in the separated region. Finally, a method of simulating the fan/inlet aerodynamic interaction using blockage sizing method has been defined. With this method, a static blockage device used with a flow-through model will approximate the same inlet onset of separation angle of attack and distortion pattern that would be obtained with an inlet model containing a powered fan
The Reasonableness of the “Reasonableness” Standard of Habeas Corpus Review Under the Antiterrorism and Effective Death Penalty Act of 1996
America’s Two Pastimes: Baseball and Constitutional Law; Review of Adrian Vermeule, \u3ci\u3eCommon Good Constitutionalism\u3ci\u3e
For the last 50 years, the two prevailing constitutional interpretation methodologies have been Originalism and Living Constitutionalism. The former treats the Constitution almost like a contract and demands that interpreters focus on the ordinary contemporary understanding its terms would have received when they became law. The latter treats the Constitution as a charter for the structure of a new government that would survive and mature as needed to protect both the nation and its people as new threats to government and civil liberties arise. Professor Adrian Vermeule’s book Common Good Constitutionalism offers a new approach to constitutional interpretation, one that gives far greater prominence to the need to protect and advance the good of the nation as a whole than either of the other two theories would require. His theoretical justification for the new approach stems from the classical or natural law principle that a nation may demand that its interests outweigh those of any individual or group. He criticizes Originalism as a morally sterile, positivistic approach to legal interpretation, and Living Constitutionalism as concerned only with the interests of individuals and groups without regard for those of the polity.
Professor Vermeule, however, does not give sufficient weight to what the Constitution did—viz., create a democratic republic whose elected representatives would make moral judgments—than what a court may do when reviewing their work. He also fails to address a goodly number of issues that any new theory of constitutional interpretation must address to serve the role that he posits for Common Good Constitutionalism. He does not give adequate weight to the rationale endorsed in Marbury v. Madison that it is the text that governs, not background principles, however weighty they might be. He does not address how his theory affects antidiscrimination law, the application of the Bill of Rights to the states, or principles of stare decisis. In sum, Common Good Constitutionalism, while valuable, is better seen as a codicil to Originalism (to which it is closer than Living Constitutionalism) than as an entirely new, different will
Funding Favored Sons and Daughters: Nonprosecution Agreements and Extraordinary Restitution in Environmental Criminal Cases
Over the past eight years, the federal government has entered into more than two hundred nonprosecution agreements with corporations in white-collar crime cases. In such agreements the government promises to cease its investigation and forego any potential charges so long as the corporation agrees to certain terms. And there’s the rub: given the economic realities of just being charged with a white-collar crime these days, corporations are more than willing to accept nonprosecution agreements. Prosecutors are cognizant of this willingness, as well as of the fact that these agreements are practically insulated from judicial review. This results in the prosecution possessing a seemingly unfettered discretion in choosing the terms of a nonprosecution agreement. The breadth of this discretion is nowhere more apparent than in environmental criminal cases. Nonprosecution agreements in such cases have begun to require corporations to donate monetarily to a nonprofit of the government’s choosing. Indeed, in 2012 British Petroleum agreed to pay more than $2.394 billion to nonprofit agencies. This Article critiques this practice by highlighting the inconsistencies between nonprosecution agreements and plea bargaining—the latter are subject to judicial review while the former are not—and unearthing the differences between these payments and any common-law understanding of restitutionary principles. The Article then suggests that the practical result of these nonprosecution agreements is that prosecutors are diverting money that ought to be paid to the Treasury to government-chosen nonprofit agencies, a power constitutionally granted to legislative actors. Finally, the Article concludes by suggesting a modest reform: judicial review by a United States magistrate judge, so as not to run into any Article III concerns, to ensure that prosecutors do not take advantage of the nonprosecution-agreement process
COVID-19 and the Provisional Licensing of Qualified Medical School Graduates as Physicians
Each level of government has its own peculiar responsibilities to address the COVID-19 pandemic. The states are responsible for licensing physicians who can treat the affected people. Each year, a large number of American and foreign medical school graduates do not find a residency position in the United States. Medical school graduates who have passed the qualifying examination have acquired a considerable amount of education and training during their medical studies, far more than physician assistants, nurses, military corpsmen and medics, and civilian paramedics or emergency medical technicians. They comprise a pool of talent that could be immensely useful in ameliorating the shortage of physician care throughout the country during the pandemic. State lawmakers should allow those graduates to receive a provisional license so that they can provide emergency medical care under the supervision of a licensed physician to help treat the ever-increasing number of COVID-19 patients we will see throughout the near future, or those patients who suffer from more common illness and injuries
Swift, Certain, and Fair Punishment: 24/7 Sobriety and Hope: Creative Approaches to Alcohol- and Illicit Drug-Using Offenders
Criminologists believe that the certain and swift imposition of a mild punishment has a greater deterrent effect than the remote and indefinite application of a severe punishment. Judges in South Dakota and Hawaii independently put that theory to the test and created innovative strategies to deal with substance abuse and crime. Those programs—the 24/7 Sobriety program in South Dakota and Hawaii’s Opportunity Probation with Enforcement—subject probationers to a rigorous alcohol or drug testing regimen backed up by a guaranteed and immediate but modest sentence of confinement for everyone who tests positive. Those programs have proved to be sensible, humane, and effective mechanisms for dealing with substance abuse and crime. A few other states have adopted similar regimens, but most have not. The latter jurisdictions should consider creating their own programs based on the South Dakota and Hawaii models
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