The Supreme Court, CAFA, and \u3cem\u3eParens Patriae\u3c/em\u3e Actions: Will it be Principles or Biases?

The Supreme Court will hear a case during its 2013-2014 term that will test the principles of both its conservative and liberal wings. In Mississippi ex rel. Hood v. AU Optronics Corp., Justices from each wing of the Court will be forced to choose between the modes of statutory interpretation they usually have favored in the past and their previously displayed pro-business or anti-business predispositions. The issue is whether the defendant-manufacturers can remove an action brought by a state attorney general suing as parens patriae to federal court. Beginning with their actions against tobacco manufacturers in the mid-1990s, state attorneys general often sued as parens patriae in litigation of nationwide significance. In Hood, the Supreme Court considers whether mass plaintiffs’ attorneys, by partnering with state attorneys general in parens patriae actions, will be able to circumvent the requirements of the Class Action Fairness Act that allow defendants to remove class actions and other forms of mass actions to the typically more defendant-friendly confines of federal courts. Resolution will turn on the Court’s interpretation of the statutory term “mass action.” A textualist interpretation, usually favored by Justice Scalia and his conservative colleagues, would not allow such removal—a decidedly anti-business result. At the same time, a purposive approach to interpreting the statutory provision, promoted by Justice Breyer, possibly would allow such removal. For each group of Justices, the conflict is clear: Will they follow their previously articulated principles of statutory interpretation or their ideological biases

WHAM Observations of H-Alpha, [S II], and [N II] toward the Orion and Perseus Arms: Probing the Physical Conditions of the Warm Ionized Medium

A large portion of the Galaxy (l = 123 deg to 164 deg, b = -6 deg to -35 deg), which samples regions of the Local (Orion) spiral arm and the more distant Perseus arm, has been mapped with the Wisconsin H-Alpha Mapper (WHAM) in the H-Alpha, [S II] 6716, and [N II] 6583 lines. Several trends noticed in emission-line investigations of diffuse gas in other galaxies are confirmed in the Milky Way and extended to much fainter emission. We find that the [S II]/H-Alpha and [N II]/H-Alpha ratios increase as absolute H-Alpha intensities decrease. For the more distant Perseus arm emission, the increase in these ratios is a strong function of Galactic latitude and thus, of height above the Galactic plane. The [S II]/[N II] ratio is relatively independent of H-Alpha intensity. Scatter in this ratio appears to be physically significant, and maps of it suggest regions with similar ratios are spatially correlated. The Perseus arm [S II]/[N II] ratio is systematically lower than Local emission by 10%-20%. With [S II]/[N II] fairly constant over a large range of H-Alpha intensities, the increase of [S II]/H-Alpha and [N II]/H-Alpha with |z| seems to reflect an increase in temperature. Such an interpretation allows us to estimate the temperature and ionization conditions in our large sample of observations. We find that WIM temperatures range from 6,000 K to 9,000 K with temperature increasing from bright to faint H-Alpha emission (low to high [S II]/H-Alpha and [N II]/H-Alpha) respectively. Changes in [S II]/[N II] appear to reflect changes in the local ionization conditions (e.g. the S+/S++ ratio). We also measure the electron scale height in the Perseus arm to be 1.0+/-0.1 kpc, confirming earlier, less accurate determinations.Comment: 28 pages, 10 figures. Figures 2 and 3 are full color--GIFs provided here, original PS figures at link below. Accepted for publication in ApJ. More information about the WHAM project can be found at http://www.astro.wisc.edu/wham/ . REVISION: Figure 6, bottom panel now contains the proper points. No other changes have been mad

A Case Study in the Superiority of the Purposive Approach to Statutory Interpretation: \u3cem\u3e Bruesewitz v. Wyeth \u3c/em\u3e

This Article uses the Supreme Court’s 2011 decision in Bruesewitz v. Wyeth to examine the textualist or “plain meaning” approach to statutory interpretation. For more than a quarter-century, Justice Scalia has successfully promoted textualism, usually associated with conservatism, among his colleagues. In Bruesewitz, Scalia, writing for the majority, and his liberal colleague Justice Sotomayer, in dissent, both employed textualism to determine if the plaintiffs, whose child was allegedly harmed by a vaccine, could pursue common-law tort claims or whether their remedies were limited to those available under the no-fault compensation system established by the National Childhood Vaccine Injury Act. Despite these Justices’ common approach to statutory interpretation, they reached diametrically opposite conclusions in opinions that dissected the statutory language and quarreled over the meaning of “even though” and “if” clauses. In contrast, Justice Breyer employed a purposive or “purposes and objectives” approach to statutory interpretation. Rather than obsessing over the meaning of each and every phrase, Breyer looked at Congress’s goals in passing the Act. He recognized that Scalia’s conclusion was correct, not because of the supposedly “plain” meaning of specific language, but because this interpretation was the only one that enabled the alternative compensation system to function as Congress envisioned. Other scholars have analyzed Bruesewitz as a preemption case, but despite statutory interpretation’s inherently decisive role in express preemption cases, this is the first Article to highlight Bruesewitz as an illustration of the emptiness of textualism

Evidence for an Additional Heat Source in the Warm Ionized Medium of Galaxies

Spatial variations of the [S II]/H-Alpha and [N II]/H-Alpha line intensity ratios observed in the gaseous halo of the Milky Way and other galaxies are inconsistent with pure photoionization models. They appear to require a supplemental heating mechanism that increases the electron temperature at low densities n_e. This would imply that in addition to photoionization, which has a heating rate per unit volume proportional to n_e^2, there is another source of heat with a rate per unit volume proportional to a lower power of n_e. One possible mechanism is the dissipation of interstellar plasma turbulence, which according to Minter & Spangler (1997) heats the ionized interstellar medium in the Milky Way at a rate ~ 1x10^-25 n_e ergs cm^-3 s^-1. If such a source were present, it would dominate over photoionization heating in regions where n_e < 0.1 cm^-3, producing the observed increases in the [S II]/H-Alpha and [N II]/H-Alpha intensity ratios at large distances from the galactic midplane, as well as accounting for the constancy of [S II]/[N II], which is not explained by pure photoionization. Other supplemental heating sources, such as magnetic reconnection, cosmic rays, or photoelectric emission from small grains, could also account for these observations, provided they supply to the warm ionized medium ~ 10^-5 ergs s^-1 per cm^2 of Galactic disk.Comment: 10 pages, 1 figur

Dynamic behavior of an unsteady trubulent boundary layer

Experiments on an unsteady turbulent boundary layer are reported in which the upstream portion of the flow is steady (in the mean) and in the downstream region, the boundary layer sees a linearly decreasing free stream velocity. This velocity gradient oscillates in time, at frequencies ranging from zero to approximately the bursting frequency. For the small amplitude, the mean velocity and mean turbulence intensity profiles are unaffected by the oscillations. The amplitude of the periodic velocity component, although as much as 70% greater than that in the free stream for very low frequencies, becomes equal to that in the free stream at higher frequencies. At high frequencies, both the boundary layer thickness and the Reynolds stress distribution across the boundary layer become frozen. The behavior at higher amplitude is quite similar. At sufficiently high frequencies, the boundary layer thickness remains frozen at the mean value over the oscillation cycle, even though flow reverses near the wall during a part of the cycle

WHAM Observations of H-alpha from High-Velocity Clouds: Are They Galactic or Extragalactic?

It has been suggested that high velocity clouds may be distributed throughout the Local Group and are therefore not in general associated with the Milky Way galaxy. With the aim of testing this hypothesis, we have made observations in the H-alpha line of high velocity clouds selected as the most likely candidates for being at larger than average distances. We have found H-alpha emission from 4 out of 5 of the observed clouds, suggesting that the clouds under study are being illuminated by a Lyman continuum flux greater than that of the metagalactic ionizing radiation. Therefore, it appears likely that these clouds are in the Galactic halo and not distributed throughout the Local Group.Comment: 12 pages, 5 eps figures, accepted for publication in ApJ Letter