789,094 research outputs found

    THE EDUCATION JUSTICE: THE HONORABLE LEWIS FRANKLIN POWELL, JR.

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    The Honorable Lewis Franklin Powell, Jr. is “the education Justice” of the United States. During his tenure on the U.S. Supreme Court, from 1971 to 1987, Justice Powell authored at least twenty major opinions in education law, in addition to numerous significant concurrences and dissents. Just a sampling of Justice Powell\u27s majority opinions on education could form the bulk of an education law textbook recognizable by any American law student. This Article will explore some of Justice Powell\u27s major Supreme Court rulings in education law. It will also consider how these rulings may have related to aspects of Justice Powell\u27s life. In addition, the Article will briefly describe the Supreme Court\u27s current views on education and will attempt to describe how Justice Powell might analyze these issues today. At least one sitting Justice on the Supreme Court, Justice Sandra Day O\u27Connor, appears to have been influenced by Justice Powell\u27s views. Justice O\u27Connor occupies a similar ideological position on the Supreme Court as did Justice Powell, who wrote more than 250 majority opinions and whose “knack for being on the winning side never dropped below eighty per cent in any term, and often exceeded ninety per cent.

    - LEAST SQUARES ESTIMATES SYMETRICALLY ADJUSTED WITH NO LOSS OF INFORMATION IN THE TRUNCATED TOBIT MODEL

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    The objective of this paper is to improve the estimator of Powell (1986) in the truncated Tobit model. The Powell estimator is the least squares alternative to the maximum likelihood estimator for the Tobit model. Only symmetry of the distribution of the error term is assumed, but no distribution function is needed. In order to attain symmetry, our proposal predicts the values of the left hand side of the distribution, using the information contained in the right hand side, instead of eliminating sample information as the Powell estimator does. The paper takes an appropriate family of estimators as the point of departure, deriving the Power estimator as a particular case. The behaviour of the estimates of interest within thefamily is analysed both in terms of the theoretical properties and the small sample properties. El objetivo de este trabajo es mejorar el estimador propuesto por Powell (1986) para el modelo Tobit truncado. El estimador de Powell supone una alternativa al estimador máximo verosímil del modeloTobit y su ventaja es que no necesita admitir ninguna forma funcional conocida para la distribución deltérmino de error. La única hipótesis distribucional que se impone es la simetría. Para conseguir lasimetría, nuestra propuesta predice los valores de la cola inferior de la distribución, utilizando lainformación contenida en la cola derecha, en vez de eliminar información muestral como hace elestimador de Powell. El trabajo toma un adecuada familia de estimadores como punto de partida,derivando el estimador de Powell como un caso particular. Se analiza el comportamiento de losestimadores de interés dentro de la familia tanto en términos de propiedades teóricas comopropiedades en muestras finitas.Estimación semiparamétrica, modelo Tobit, regresión truncada Semiparametric estimation, Tobit model, truncated regression, Powell estimator

    The Triumph of the Southern Man: Dowell, Shelby County, and the Jurisprudence of Justice Lewis F. Powell, Jr.

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    The year 2018 has witnessed widespread celebrations of the life and legacy of Dr. Martin Luther King, Jr., who was assassinated fifty years ago in Memphis, Tennessee. Yet if Dr. King were alive today, he would no doubt be dismayed by the path taken by the Supreme Court’s treatment of race-related issues in recent years. Not only has the Court abandoned the quest for school desegregation, but the 2013 decision in Shelby County v. Holder substantially reduced the effectiveness of the Voting Rights Act of 1965, which was the most important legislative monument to Dr. King’s efforts. By contrast, these developments would no doubt have pleased Lewis F. Powell, Jr., a harsh critic of Dr. King who joined the Supreme Court less than four years after King’s death. Prior to taking his seat on the Court, Powell had been openly critical of the decision in Brown v. Board of Education, and in his capacity as chair of the school board of Richmond, Virginia, had worked ceaselessly to limit the pace and scope of the desegregation of the Richmond schools. Moreover, even before joining the Court, he had actively sought to limit the impact of the Voting Rights Act on the decision-making authority of state and local governments in the South. Similarly, in the cases that came before him after coming to the Court, Powell consistently voted to limit the scope of remedial orders in desegregation cases and argued that the Constitution imposed important limits on the scope of congressional authority to deal with the issues that the Voting Rights Act was designed to address. Powell had only limited success in persuading a majority of his colleagues to support him on these issues. However, the reasoning of the Court’s decisions in the years after Powell left the Court in 1987 has often embraced the arguments made by Powell during his tenure as a justice. This article not only explores Powell’s background and jurisprudence, but also provides the first scholarly discussion of the relationship between his views and the positions currently taken by the Court

    Trumping Precedent With Original Meaning: Not As Radical As It Sounds

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    Originalism was thought to be buried in the 1980s with critiques such as those by Paul Brest and Jeff Powell. Brest charged that originalism was unworkable, while Powell maintained that originalism was inconsistent with the original intentions of the Founders. Others raised the moral challenge of why we should be ruled by the dead hand of the past. Yet an originalist approach to interpretation has-like a phoenix from the ashes or Dracula from his grave, depending on your point of view-survived into the Twenty-first Century as an intellectual contender. Indeed, it has thrived like no other approach to interpretation

    The Davidon-Fletcher-Powell penalty function method: A generalized iterative technique for solving parameter optimization problems

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    The Fletcher-Powell version of the Davidon variable metric unconstrained minimization technique is described. Equations that have been used successfully with the Davidon-Fletcher-Powell penalty function technique for solving constrained minimization problems and the advantages and disadvantages of using them are discussed. The experience gained in the behavior of the method while iterating is also related

    [Review of] Vicki Kopf and Dennis Szacks, eds. Next Generation: Southern Black Aesthetic

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    This catalogue, named for the 1990 Southeastern Center for Contemporary Art (SCCA) exhibition in Winston-Salem, features not only many reproductions from the exhibition but also essays by artist/philosopher Adrian Piper and curator Lowery S. Sims, a panel featuring Richard Powell and Judith Wilson, and two group artist interviews. Also excerpted is a brief segment from a 1990 panel at SCCA which features Piper, Kinshasha Conwill, Coco Fusco, and Leslie King-Hammond. Both panel segments are of value, especially as they broadly contextualize the eighty-one pages of reproductions. Unfortunately, each of the written segments is quite brief, with Powell and Wilson\u27s discussion ending far too abruptly

    Harlem Rally Speech, Adam Clayton Powell State Office Building

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    Speech for campaign rally at the Adam Clayton Powell State Office Building, Harlem, NY, October 22, 1984. Includes handwritten notes and diacritic marks.https://ir.lawnet.fordham.edu/vice_presidential_campaign_speeches_1984/1050/thumbnail.jp

    Lewis F. Powell Jr. to John D. Feerick

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    Letter from Supreme Court Justice Lewis F. Powell Jr. (1972-1987) to Dean John D. Feerick, regarding his scholarly article on presidential inability.https://ir.lawnet.fordham.edu/twentyfifth_amendment_correspondence/1016/thumbnail.jp
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