The Future Of Affirmative Action After Grutter v. Bollinger

The future of affirmative action was the subject of a pair of consolidated cases decided by the United States Supreme Court in June 2003.  Whether the Fourteenth Amendment prohibits the use of race in the admission of students to a University or whether diversity can provide a compelling government interest sufficient to meet Fourteenth Amendment standard was the controversy decided by the Supreme Court.  This case will affect the future of affirmative action not only in higher education, but also in the employment arena as well

The Alien Tort Statute of 1789 and International Human Rights Violations: Kiobel v. Royal Dutch Petroleum Co.

Kiobel v. Royal Dutch Petroleum Co. involves an action under the Alien Tort Statute (ATS). The case was brought in the United States, Southern District of New York, by the widow of Dr. Barinem Kiobel, a Nigerian activist and member of the Ogoni tribe, and others for human rights violations committed in the Niger River Delta. Defendants include Royal Dutch Petroleum, Shell Transport and Trading Co., and Shell Petroleum Development Company of Nigeria. Although the human rights violations including murder and torture were allegedly committed by the Nigerian military government, it is claimed that the Royal Dutch Petroleum defendants aided and abetted the Nigerian military in the human rights violations. The plaintiffs had engaged in protests about the environmental damage caused by the Royal Dutch Petroleum defendants in the area of the Niger Delta and the plight of the Ogoni people in Ogoniland. At the trial level, the court decided that certain claims involving violations of the Law of Nations could be heard by the court. However, the case was appealed to the U.S. Supreme Court, which decided that there is a presumption against extraterritoriality in the application of the ATS, and that mere presence of a defendant corporation in the United States is insufficient for a court to assume jurisdiction. However, the question remains: What corporate presence would serve as a sufficient basis for a court to assume jurisdiction under the ATS? Given the possibility that corporations could, and perhaps in the future will, be found liable for human rights violations occurring in foreign locales even after Kiobel, prudent risk management behooves corporations and their counsel to monitor whether human rights violations are occurring in connection with their operations, even when those human rights violations are committed by foreign governments or their agents

X-ray study of bow shocks in runaway stars

Massive runaway stars produce bow shocks through the interaction of their winds with the interstellar medium, with the prospect for particle acceleration by the shocks. These objects are consequently candidates for non-thermal emission. Our aim is to investigate the X-ray emission from these sources. We observed with XMM-Newton a sample of five bow shock runaways, which constitutes a significant improvement of the sample of bow shock runaways studied in X-rays so far. A careful analysis of the data did not reveal any X-ray emission related to the bow shocks. However, X-ray emission from the stars is detected, in agreement with the expected thermal emission from stellar winds. On the basis of background measurements we derive conservative upper limits between 0.3 and 10 keV on the bow shocks emission. Using a simple radiation model, these limits together with radio upper limits allow us to constrain some of the main physical quantities involved in the non-thermal emission processes, such as the magnetic field strength and the amount of incident infrared photons. The reasons likely responsible for the non-detection of non-thermal radiation are discussed. Finally, using energy budget arguments, we investigate the detectability of inverse Compton X-rays in a more extended sample of catalogued runaway star bow shocks. From our analysis we conclude that a clear identification of non-thermal X-rays from massive runaway bow shocks requires one order of magnitude (or higher) sensitivity improvement with respect to present observatories.Fil: del Valle, Maria Victoria. Provincia de Buenos Aires. Gobernación. Comisión de Investigaciones Científicas. Instituto Argentino de Radioastronomía. Consejo Nacional de Investigaciones Científicas y Técnicas. Centro Científico Tecnológico Conicet - La Plata. Instituto Argentino de Radioastronomía; ArgentinaFil: Romero, Gustavo Esteban. Provincia de Buenos Aires. Gobernación. Comisión de Investigaciones Científicas. Instituto Argentino de Radioastronomía. Consejo Nacional de Investigaciones Científicas y Técnicas. Centro Científico Tecnológico Conicet - La Plata. Instituto Argentino de Radioastronomía; ArgentinaFil: Peri, Cintia Soledad. Provincia de Buenos Aires. Gobernación. Comisión de Investigaciones Científicas. Instituto Argentino de Radioastronomía. Consejo Nacional de Investigaciones Científicas y Técnicas. Centro Científico Tecnológico Conicet - La Plata. Instituto Argentino de Radioastronomía; ArgentinaFil: Benaglia, Paula. Provincia de Buenos Aires. Gobernación. Comisión de Investigaciones Científicas. Instituto Argentino de Radioastronomía. Consejo Nacional de Investigaciones Científicas y Técnicas. Centro Científico Tecnológico Conicet - La Plata. Instituto Argentino de Radioastronomía; ArgentinaFil: De Becker, M.. Université de Liège; Bélgic

Effect of whole-body vibration on freezing and flexibility in Parkinson's disease-a pilot study

Abstract Background Parkinson’s disease is the second most common neurodegenerative disease. Symptoms are treated by medication, physio-, exercise, and occupational therapy. Alternative methods have been used in exercise therapy for a few years now. The effect of whole-body vibration as an alternative training method has been investigated for several symptoms in Parkinson’s disease. Since freezing and flexibility have not yet been investigated, the aim of this study was to evaluate the efficacy of different frequencies of application for these two symptoms. Methods Patients were randomly assigned to a frequency (6, 12, or 18 Hz) or the control group. Before and after the treatment of 5 × 60 s with a rest of 60 s each, the Sit and Reach test (flexibility) and the 360° turn test (freezing) were performed. Results Only the Sit and Reach test showed a significant improvement at 18 Hz (improvement from − 5.75 to − 1.89 cm, F(3,30) = 5.98**). At 360° turn, no significant differences were found. Weak to high effect sizes (standardized mean differences) were determined for the different frequencies, both for the Sit and Reach (from .01 to .64) and for the 360° turn (from − .72 to − 1.25). The highest effect size is observed for 18 Hz and the lowest for 6 Hz. Conclusions Higher frequencies seem to be more effective than lower ones. Freezing, age, and gender also seem to play a role. Therefore, this should be investigated in further studies

The role of social identity in institutional work for sociotechnical transitions: The case of transport infrastructure in Berlin

Generally, sociotechnical change requires that agency is exercised across multiple, connected levels or contexts. Yet there is very little work in the sociotechnical sustainability transitions literature that theorises these connections in ways that acknowledge the individual-level processes involved. Here we show how identity theory can connect macro- and micro-levels of analysis, with identity construction being a social psychological process that is also involved in institutional work. For empirical illustration we use the case of emerging mobility transitions in Berlin, Germany, in particular aspects of institutional work for infrastructural change in favor of cycling. The study shows how the construction of a common identity among varied actor groups has been key to a citizen campaign for safe cycling infrastructure. The construction of a socially inclusive identity relating to cycling has been made possible by prioritizing the development of a campaign network comprised of weak ties among stakeholders, rather than a closer-knit network based on a more exclusive group of sporty cyclists. The findings are discussed in the light of both social psychological models and sociotechnical transitions theory. The implications for scaling niche practices for sustainability are considered

A radio-map of the colliding winds in the very massive binary system HD 93129A

Radio observations are an effective tool to discover particle acceleration regions in colliding-wind binaries, through detection of synchrotron radiation; these regions are natural laboratories for the study of relativistic particles. Wind-collision region (WCR) models can reproduce the radio continuum spectra of massive binaries that contain both thermal and non-thermal radio emission; however, key constraints for models come from high-resolution imaging. Only five WCRs have been resolved to date at radio frequencies at milliarcsec (mas) angular scales. The source HD 93129A, prototype of the very few known O2 I stars, is a promising target for study: recently, a second massive, early-type star about 50 mas away was discovered, and a non-thermal radio source detected in the region. Preliminary long-baseline array data suggest that a significant fraction of the radio emission from the system comes from a putative WCR. We sought evidence that HD 93129A is a massive binary system with colliding stellar winds that produce non-thermal radiation, through spatially resolved images of the radio emitting regions. We completed observations with the Australian Long Baseline Array (LBA) to resolve the system at mas angular resolutions and reduced archival Australia Telescope Compact Array (ATCA) data to derive the total radio emission. We also compiled optical astrometric data of the system in a homogeneous way. We reduced historical Hubble Space Telescope data and obtained absolute and relative astrometry with milliarcsec accuracy. The astrometric analysis leads us to conclude that the two stars in HD 93129A form a gravitationally bound system. The LBA data reveal an extended arc-shaped non-thermal source between the two stars, indicative of a WCR. The wind momentum-rate ratio of the two stellar winds is estimated. The ATCA data show a point source with a change in flux level ...Comment: Accepted in Astronomy and Astrophysic

Visual acuity and binocular function assessment of cocaine exposed infants

With the increasing number of infants born exposed to cocaine, we are confronted with a problem whose extent has not yet been evaluated. In this study, the Preferential Looking Acuity Card Procedure was used to assess the visual acuity of four infants exposed to cocaine in utero. Binocular function was evaluated utilizing a cover test, Hirschberg, and Bruckner test for strabismus and amblyopia. No correlation was found between cocaine exposure and decreased visual acuity or increased incidence of strabismus

Physiological indicators and yield of the Chinese cabbage cultivated at different soil water tensions

The development and yield of Chinese cabbage is influenced by soil moisture. The objective of this study was to evaluate the physiological indicators, development, and yield of Chinese cabbage (Brassica rapa subsp. pekinensis (Lour.) Rupr.) grown at different soil water tension ranges. Two experiments were conducted (2016–2017) in the Olericulture Sector of the Federal University of Technology of Paraná. Two cultivars of the Chinese cabbage, Eikoo and Kinjitsu, and four soil water tension ranges 13–17, 23–27, 33–37, and 43–47 kPa were studied. Eikoo presented higher relative chlorophyll index, photosynthesis, and fresh leaf mass than did Kinjitsu. Physiological indicators transpiration (5.8 mmol H2O m-2 s -1 ), photosynthesis (14.5 µmol CO2 m-2 s -1 ), stomatal conductance (0.31 mol H2O m-2 s -1 ), and WUE (39.4 kg m-3 ) were higher at 13–17 kPa soil water tension. Soil water tension ranges with high water restrictions reduced the fresh leaf mass of both cultivars. Fresh leaf mass decreased by 236.2 and 191.7 g plant-1 in the highest soil water tension range in 2016 and 2017, respectively, when compared with the fresh leaf mass at the 13–17 kPa tension range. The lowest water consumption was observed at the 13–17 kPa tension range. The year 2017 resulted in higher internal CO2 concentration, transpiration rate, fresh leaf mass, number of irrigations and water consumption compared to the year 2016. Thus, the irrigation regime for the most optimal Chinese cabbage cultivation should maintain the soil water tension range at 13–17 kPa