Tennessee’s Unique Religious Protections in Employment: Do They Mean What They Say?

Tennessee has a long history of strongly held and diverse religious beliefs and practices. Equally firmly established is its “at-will” employment rule that allows businesses to create and control their workforces to maximize operations and profits to the benefit of employers and employees. When an employee’s religious beliefs conflict with his obligations to his employer, state and federal laws resolve the tension. Employees who experience this tension and feel they have been discriminated against based on their religion generally have the choice to bring their claims of discrimination under federal law, state law, or both. Because claims under federal law may be removed to federal court, and because state courts are generally perceived to be more favorable to employees, some employees strategically elect to pursue only selected state law claims. An employee might also be forced to bring a claim only under state law if she works for a small employer, since the federal law’s reach is limited to employers with at least fifteen employees. This Article examines whether a Tennessee employee who brings claims only under Tennessee’s statutory protection against religious discrimination in employment has the same protections as he would if he proceeded under federal law. Part I discusses employers’ obligations under the Tennessee Human Rights Act (“THRA”), the primary Tennessee religious anti-discrimination statute, and Title VII of the Civil Rights Act of 1964 (“Title VII”), the primary federal religious anti-discrimination law. Part II discusses the background of both the THRA and Title VII and how it informs the analysis. Part III proposes that the THRA not be interpreted to import the reasonable accommodation requirement from Title VII. This interpretation is consistent with the textual language of the statute, courts’ interpretation of the Tennessee Disability Act, existing case law, and Tennessee’s history of limiting exceptions to the at-will employment doctrine. The Article proposes that this different interpretation is more consistent with the THRA as it is currently written and invites discussion of whether this interpretation is ultimately better for employees and employers

Nucleic Acid Sequence Design via Efficient Ensemble Defect Optimization

We describe an algorithm for designing the sequence of one or more interacting nucleic acid strands intended to adopt a target secondary structure at equilibrium. Sequence design is formulated as an optimization problem with the goal of reducing the ensemble defect below a user-specified stop condition. For a candidate sequence and a given target secondary structure, the ensemble defect is the average number of incorrectly paired nucleotides at equilibrium evaluated over the ensemble of unpseudoknotted secondary structures. To reduce the computational cost of accepting or rejecting mutations to a random initial sequence, candidate mutations are evaluated on the leaf nodes of a tree-decomposition of the target structure. During leaf optimization, defect-weighted mutation sampling is used to select each candidate mutation position with probability proportional to its contribution to the ensemble defect of the leaf. As subsequences are merged moving up the tree, emergent structural defects resulting from crosstalk between sibling sequences are eliminated via reoptimization within the defective subtree starting from new random subsequences. Using a Θ(N^3) dynamic program to evaluate the ensemble defect of a target structure with N nucleotides, this hierarchical approach implies an asymptotic optimality bound on design time: for sufficiently large N, the cost of sequence design is bounded below by 4/3 the cost of a single evaluation of the ensemble defect for the full sequence. Hence, the design algorithm has time complexity Ω(N^3). For target structures containing N ∈{100,200,400,800,1600,3200} nucleotides and duplex stems ranging from 1 to 30 base pairs, RNA sequence designs at 37°C typically succeed in satisfying a stop condition with ensemble defect less than N/100. Empirically, the sequence design algorithm exhibits asymptotic optimality and the exponent in the time complexity bound is shar

Vascular regeneration in a basal chordate is due to the presence of immobile, bi-functional cells.

The source of tissue turnover during homeostasis or following injury is usually due to proliferation of a small number of resident, lineage-restricted stem cells that have the ability to amplify and differentiate into mature cell types. We are studying vascular regeneration in a chordate model organism, Botryllus schlosseri, and have previously found that following surgical ablation of the extracorporeal vasculature, new tissue will regenerate in a VEGF-dependent process within 48 hrs. Here we use a novel vascular cell lineage tracing methodology to assess regeneration in parabiosed individuals and demonstrate that the source of regenerated vasculature is due to the proliferation of pre-existing vascular resident cells and not a mobile progenitor. We also show that these cells are bi-potential, and can reversibly adopt two fates, that of the newly forming vessels or the differentiated vascular tissue at the terminus of the vasculature, known as ampullae. In addition, we show that pre-existing vascular resident cells differentially express progenitor and differentiated cell markers including the Botryllus homologs of CD133, VEGFR-2, and Cadherin during the regenerative process

Who should we hire?: Examining coaching succession in NCAA Division I women’s basketball

The purpose of this study was to evaluate the performance of newly hired coaches in relation to their predecessors, and utilize the analysis to provide guidance to decision makers in college athletic departments. This study examined 185 coaching changes in Division I women’s basketball in 16 conferences between 2000 and 2009. Data were collected from online sources including institutional websites, media guides, and media articles. Latent class analysis was employed to reduce the data to one item per factor. Factors included demographics, coaching ability, coaching experience, past team performance, hiring factors (coaching level change, inside/outside hire, interim, conference affiliation), and institutional factors (public/private, demographic market area, enrollment, budget, and National Association of Collegiate Directors of Athletics standings). Mixed models analysis was performed to identify which categories have a relationship with changes in the number of wins following a coaching change. Results suggest that past team performance was the strongest indicator of future performance after a coaching change

Survival, Movement, and Habitat Use of Translocated Northern Bobwhite in Texas

For decades there has been a noticeable decline in northern bobwhite (Colinus virginianus; hereafter, bobwhite) populations. Few studies have assessed the survival of translocated bobwhite. We evaluated the effectiveness of reintroduction of bobwhite into the Texas (USA) Parks and Wildlife Department’s Gus Engeling Wildlife Management Area (GEWMA), where they had been extirpated but now have suitable habitat. Before reintroduction, GEWMA was surveyed (spring call counts) to make sure no bobwhite were present. Forty-six bobwhite were trapped from March–April 2019 in South Texas, banded, bled, radio-tagged, transported to GEWMA, and released. In addition, 17 bobwhite were trapped banded, bled, radio-tagged, and released back into the source population as a control for comparison of movements, reproduction, and survival estimate differences between the source and released bobwhite populations. During July 2019, 3 broods (24 bobwhite) were trapped and translocated from a South Texas ranch to the GEWMA. Survival for bobwhite released at GEWMA was 37.0% through 1 July 2019 and 70.6% for bobwhite left on the ranch in South Texas. Three nests were found at GEWMA while none were found on the ranch in South Texas. Movement distances between daily locations for males and females did not differ at GEWMA or at the ranch in South Texas; however, there was a significant (P ≤ 0.001) difference in daily movement for bobwhite at GEWMA and the South Texas ranch. Female bobwhite at GEWMA moved 5.4 times the distance of female bobwhite in South Texas and male bobwhite at GEWMA moved 5.9 times the distance of male bobwhite in South Texas. Bobwhite at GEWMA were located in woody cover only 24.2% of the time, whereas bobwhite in South Texas were located in woody cover 76.1% of the time. The greater daily movement and less use of woody cover for bobwhite at GEWMA probably contributed to their lower survival

A Post-Succession Analysis of Factors Influencing Coaching Success in NCAA Division I Men’s Basketball – Journal of Issues in Intercollegiate Athletics

Based on the reciprocal determinism component of social learning theory, a total of 736 men’s NCAA Division I basketball coaching changes between 1999 and 2014 were examined to establish which factors were related to conference success following a coaching change. Results from an exploratory latent class analysis indicated that many demographic, environmental, and experiential variables assumed to be important in hiring a new coach are insignificant. However, a program’s previous success, individual coaching ability, and previous coach vacancy circumstance are all significantly related to conference winning differential after a coaching change. Results also indicated a regression to the mean occurs after most coaching changes except for the most elite programs. Pragmatically, however, findings show relatively small increments in winning or losing following a coaching change, suggesting that the impact of a coach is often overstated. Stakeholders can use this information to evaluate coaches, programs, and hiring practices in men’s Division I basketball

Constrained Multistate Sequence Design for Nucleic Acid Reaction Pathway Engineering

We describe a framework for designing the sequences of multiple nucleic acid strands intended to hybridize in solution via a prescribed reaction pathway. Sequence design is formulated as a multistate optimization problem using a set of target test tubes to represent reactant, intermediate, and product states of the system, as well as to model crosstalk between components. Each target test tube contains a set of desired “on-target” complexes, each with a target secondary structure and target concentration, and a set of undesired “off-target” complexes, each with vanishing target concentration. Optimization of the equilibrium ensemble properties of the target test tubes implements both a positive design paradigm, explicitly designing for on-pathway elementary steps, and a negative design paradigm, explicitly designing against off-pathway crosstalk. Sequence design is performed subject to diverse user-specified sequence constraints including composition constraints, complementarity constraints, pattern prevention constraints, and biological constraints. Constrained multistate sequence design facilitates nucleic acid reaction pathway engineering for diverse applications in molecular programming and synthetic biology. Design jobs can be run online via the NUPACK web application

Association Between Early Hyperoxia Exposure After Resuscitation From Cardiac Arrest and Neurological Disability: Prospective Multicenter Protocol-Directed Cohort Study

BACKGROUND: Studies examining the association between hyperoxia exposure after resuscitation from cardiac arrest and clinical outcomes have reported conflicting results. Our objective was to test the hypothesis that early postresuscitation hyperoxia is associated with poor neurological outcome. METHODS: This was a multicenter prospective cohort study. We included adult patients with cardiac arrest who were mechanically ventilated and received targeted temperature management after return of spontaneous circulation. We excluded patients with cardiac arrest caused by trauma or sepsis. Per protocol, partial pressure of arterial oxygen (Pao2) was measured at 1 and 6 hours after return of spontaneous circulation. Hyperoxia was defined as a Pao2 >300 mm Hg during the initial 6 hours after return of spontaneous circulation. The primary outcome was poor neurological function at hospital discharge, defined as a modified Rankin Scale score >3. Multivariable generalized linear regression with a log link was used to test the association between Pao2 and poor neurological outcome. To assess whether there was an association between other supranormal Pao2 levels and poor neurological outcome, we used other Pao2 cut points to define hyperoxia (ie, 100, 150, 200, 250, 350, 400 mm Hg). RESULTS: Of the 280 patients included, 105 (38%) had exposure to hyperoxia. Poor neurological function at hospital discharge occurred in 70% of patients in the entire cohort and in 77% versus 65% among patients with versus without exposure to hyperoxia respectively (absolute risk difference, 12%; 95% confidence interval, 1-23). Hyperoxia was independently associated with poor neurological function (relative risk, 1.23; 95% confidence interval, 1.11-1.35). On multivariable analysis, a 1-hour-longer duration of hyperoxia exposure was associated with a 3% increase in risk of poor neurological outcome (relative risk, 1.03; 95% confidence interval, 1.02-1.05). We found that the association with poor neurological outcome began at ≥300 mm Hg. CONCLUSIONS: Early hyperoxia exposure after resuscitation from cardiac arrest was independently associated with poor neurological function at hospital discharge

Microwave Components with MEMS Switches

RF MEMS switches with metal-metal contacts are being developed for microwave applications where broadband, high linearity performance is required. These switches provide less than 0.2 dB insertion loss through 40 GHz. This paper describes the integration of these switches into selected microwave components such as reconfigurable antenna elements, tunable filters, switched delay lines, and SPDT switches. Microwave and millimeter wave measured results from these circuits are presented

A Theoretical Investigation of the One– and Two–photon Properties of Porphyrins

The one‐ and two‐photon properties of free base porphin, free base porphin dianion, and the 2,4‐substituted diformyl and divinyl analogs of these molecules are studied using a semiempirical SCF‐MO formalism (CNDO‐π‐SCF‐MO‐PSDCI) including extensive single and double configuration interaction. Strongly two‐photon allowed states are predicted to lie in the Soret region as well as in the region between the Soret and visible bands. A number of the two‐photon allowed states in the Soret region are predicted to have two‐photon absorptivities exceeding 100×10−50 cm4 s molecule−1 photon−1. The calculations indicate that the visible (Q) states are well characterized by the four orbital model, whereas the Soret (B) states contain significant contributions from configurations comprised of other orbitals. The inclusion of extensive double configuration interaction significantly reduces the Soret‐visible (B–Q) splitting, increases the Qx–Qy splitting, and yields calculated oscillator strengths for the Qbands in better agreement with experiment than values calculated using single CI alone. The effects of conjugation into the porphyrin macrocycle are predicted to be more significant than inductive effects on macrocycle π orbitals due to substituent polarity. The 〈Qx‖r‖S0〉 and 〈Qy‖r‖S0〉 transition moment vectors are predicted to lie approximately through adjacent pyrrole rings in 2‐ and 4‐monoformyl free base porphin dianions and approximately through adjacent methine bridges in 2,4‐diformyl free base porphin dianion