Civil Procedure and the Ministerial Exception

In Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, the U.S. Supreme Court recognized a ministerial exception to the ordinary rules of employer liability. The Court also concluded that the exception operates as an affirmative defense rather than a jurisdictional bar. This conclusion raises quite significant questions about how courts should address the exception in the course of litigation. This Article posits that courts should approach these procedural questions in light of the underlying justification for the ministerial exception. The exception reflects a longstanding constitutional limitation on the competence of courts to resolve “strictly and purely ecclesiastical” questions. To conclude that the exception operates as an affirmative defense does not alter this fundamental limitation on the authority of secular courts. As a practical matter, this means that in litigation between religious institutions and their employees, courts may be required to manage discovery to resolve threshold questions about the application of the ministerial exception before permitting broader discovery. Similarly, courts should consider permitting interlocutory appeals of trial court decisions that deny motions for summary judgment based on the exception. And courts not only should conclude that religious institutions do not waive the defense by failing to raise it but also ought to raise it sua sponte when the facts indicate that the exception may apply. These departures from the ordinary treatment of affirmative defenses are necessary to respect the constitutional principles that the Court articulated in Hosanna-Tabor

Perfect bell nozzle parametric and optimization curves

Nozzle contour data for untruncated Bell nozzles with expansion area ratios to 6100 and a specific heat ratio of 1.2 are provided. Curves for optimization of nozzles for maximum thrust coefficient within a given length, surface area, or area ratio are included. The nozzles are two dimensional axisymmetric and calculations were performed using the method of characteristics. Drag due to wall friction was included in the final thrust coefficient

Flight data display studies for real time computer flight evaluation Final report

Real time displays for in-flight monitoring of Saturn launch vehicle

Thermoviscoplastic response of Ti-15-3 under various loading conditions

The long term objective is to develop a combined experimental analytic methodology for predicting the thermoviscoplastic behavior of the neat (i.e., unreinforced) titanium matrix. Once a constitutive model which adequately describes the behavior of titanium has been identified, the viscoplastic behavior of unidirectional composites will be predicted through the use of the rule-of-mixtures. A crucial aspect of the study is the selection of a constitutive model to describe the thermoviscoplastic behavior of titanium

Arecibo Multi-Epoch HI Absorption Measurements Against Pulsars: Tiny-Scale Atomic Structure

We present results from multi-epoch neutral hydrogen (HI) absorption observations of six bright pulsars with the Arecibo telescope. Moving through the interstellar medium (ISM) with transverse velocities of 10--150 AU/yr, these pulsars have swept across 1--200 AU over the course of our experiment, allowing us to probe the existence and properties of the tiny scale atomic structure (TSAS) in the cold neutral medium (CNM). While most of the observed pulsars show no significant change in their HI absorption spectra, we have identified at least two clear TSAS-induced opacity variations in the direction of B1929+10. These observations require strong spatial inhomogeneities in either the TSAS clouds' physical properties themselves or else in the clouds' galactic distribution. While TSAS is occasionally detected on spatial scales down to 10 AU, it is too rare to be characterized by a spectrum of turbulent CNM fluctuations on scales of 10-1000 AU, as previously suggested by some work. In the direction of B1929+10, an apparent correlation between TSAS and interstellar clouds inside the warm Local Bubble (LB) indicates that TSAS may be tracing the fragmentation of the LB wall via hydrodynamic instabilities. While similar fragmentation events occur frequently throughout the ISM, the warm medium surrounding these cold cloudlets induces a natural selection effect wherein small TSAS clouds evaporate quickly and are rare, while large clouds survive longer and become a general property of the ISM.Comment: 21 pages, 13 figures, accepted by Ap

Cargo/Logistics Airlift System Study (CLASS), Executive Summary

The current air cargo system is analyzed along with advanced air cargo systems studies. A forecast of advanced air cargo system demand is presented with cost estimates. It is concluded that there is a need for a dedicated advance air cargo system, and with application of advanced technology, reductions of 45% in air freight rates may be achieved

Curation and preservation of complex data: North Carolina Geospatial Data Archiving Project

The North Carolina Geospatial Data Archiving Project (NCGDAP) is a three-year joint effort of the North Carolina State University Libraries and the North Carolina Center for Geographic Information and Analysis focused on collection and preservation of digital geospatial data resources from state and local government agencies. CGDAP is being undertaken in partnership with the Library of Congress under the ational Digital Information Infrastructure and Preservation Program (NDIIPP). “Digital geospatial data” consists of digital information that identifies the geographic location and characteristics of natural or constructed features and boundaries on the earth. Such data resources include geographic information systems (GIS) data sets, digitized maps, remote sensing data resources such as digital aerial photography, and tabular data that are tied to specific locations. These complex data objects do not suffer well from neglect, and long-term preservation will involve some combination of format migration and retention of critical documentation. While the main focus of NCGDAP is on organizational issues related to the engagement of spatial data infrastructure in the process of data archiving--with the demonstration repository seen more as a catalyst for discussion rather than an end in itself--this paper focuses more narrowly on the technical challenges associated with eveloping an ingest workflow and archive development process. New preservation hallenges associated with emergent content forms are also resented

Rapid method for determination of antimicrobial susceptibilities pattern of urinary bacteria

Method determines bacterial sensitivity to antimicrobial agents by measuring level of adenosine triphosphate remaining in the bacteria. Light emitted during reaction of sample with a mixture of luciferase and luciferin is measured

Auralization of a Supersonic Business Jet Using Advanced Takeoff Procedures

Recent NASA studies of a supersonic business jet airplane indicated that advanced takeoff procedures could be used to reduce noise at the lateral sideline location to a level at which Chapter 4 noise certification requirements could be met. The studies were conducted with the NASA Aircraft Noise Prediction Program, using an analytical model of the airframe and its engines. The advanced procedure consists of a higher-speed climbout and a programmed thrust lapse in which the engine thrust is automatically and gradually reduced immediately after the runway obstacle is cleared. In this paper, the authors utilize the results of the most recent study as the basis of an auralization of the predicted noise. Modifications to the NASA Auralization Framework necessary for that process are described. The auralizations are used to demonstrate differences between standard and advanced takeoff pro ond those that may be observed through comparison of integrated noise metrics

Using a Cold Radiometer to Measure Heat Loads and Survey Heat Leaks

We have developed an inexpensive cold radiometer for use in thermal/vacuum chambers to measure heat loads, characterize emissivity and specularity of surfaces and to survey areas to evaluate stray heat loads. We report here the results of two such tests for the James Webb Space Telescope to measure heat loads and effective emissivities of 2 major pieces of optical ground support equipment that will be used in upcoming thermal vacuum testing of the Telescope