Federal Employee is Entitled to Trial De Novo on Employment Discrimination Claim and Not Merely Judicial Review of Agency Record. Hackley v. Roudebush, 520 F.2d 108 (D.C. Cir. 1975).

Ralph Hackley, an African American, was employed as an investigator within the Veteran Administration\u27s Investigation and Security Service Division. He had served for one year at the GS-12 level when he was denied promotion. Hackley complained that this denial was based solely upon his race. The charge was investigated and he was afforded a hearing before a complaints examiner, who ruled that there had been no discrimination. This finding was adopted by the Veteran\u27s Administration. Upon appeal, the Board of Appeals and Review of the Civil Service Commission affirmed. Having thus exhausted his administrative remedies, plaintiff commenced a civil action in the District Court for the District of Columbia pursuant to section 717(c) of the Equal Employment Opportunity Act of 1972 (EEOA). He sought injunctive relief, retroactive promotion, and back pay, plus a declaratory judgment to the effect that he was to be free from discrimination. The district court, in Hackley v. Johnson (Hackley 1), granted the government\u27s motion for summary judgment, holding that it only had jurisdiction to consider whether Hackley had been afforded administrative due process before the Civil Service Commission and that he had, in fact, received due process during the administrative hearing. In Hackley v. Roudebush (Hackley II), the Court of Appeals for the District of Columbia Circuit reversed, remanding Hackley\u27s claim of discrimination for trial, concluding, inter alia, that section 717(c)\u27s grant of a private right of action requires the district court to conduct a trial de novo in civil actions filed under the section. In so ruling, the court fell into line with several other jurisdictions which had held that the vindication of a federal employee\u27s rights under EEOA required more than mere review of the administrative record

Finite-time singularity formation at a magnetic neutral line in Hall magnetohydrodynamics

The formation of a current sheet in a weakly collisional plasma can be modelled as a finite-time singularity solution of magnetohydrodynamic equations. We use an exact self-similar solution to confirm and generalise a previous finding that, in sharp contrast to two-dimensional solutions in standard MHD, a finite-time collapse to a current sheet can occur in Hall MHD. We derive a criterion for the finite-time singularity in terms of initial conditions, and we use an intermediate asymptotic solution for the evolution of an axial magnetic field to obtain a general expression for the singularity formation time. We illustrate the analytical results by numerical solutions

Heavily reddened type 1 quasars at z > 2 I: Evidence for significant obscured black-hole growth at the highest quasar luminosities

We present a new population of z>2 dust-reddened, Type 1 quasars with 0.5<E(B-V)<1.5, selected using near infra-red (NIR) imaging data from the UKIDSS-LAS, ESO-VHS and WISE surveys. NIR spectra obtained using the Very Large Telescope (VLT) for 24 new objects bring our total sample of spectroscopically confirmed hyperluminous (>10^{13}L_0), high-redshift dusty quasars to 38. There is no evidence for reddened quasars having significantly different H$\alpha$ equivalent widths relative to unobscured quasars. The average black-hole masses (~10^9-10^10 M_0) and bolometric luminosities (~10^{47} erg/s) are comparable to the most luminous unobscured quasars at the same redshift, but with a tail extending to very high luminosities of ~10^{48} erg/s. Sixty-six per cent of the reddened quasars are detected at $>3\sigma$ at 22um by WISE. The average 6um rest-frame luminosity is log10(L6um/erg/s)=47.1+/-0.4, making the objects among the mid-infrared brightest AGN currently known. The extinction-corrected space-density estimate now extends over three magnitudes (-30 < M_i < -27) and demonstrates that the reddened quasar luminosity function is significantly flatter than that of the unobscured quasar population at z=2-3. At the brightest magnitudes, M_i < -29, the space density of our dust-reddened population exceeds that of unobscured quasars. A model where the probability that a quasar becomes dust-reddened increases at high luminosity is consistent with the observations and such a dependence could be explained by an increase in luminosity and extinction during AGN-fuelling phases. The properties of our obscured Type 1 quasars are distinct from the heavily obscured, Compton-thick AGN that have been identified at much fainter luminosities and we conclude that they likely correspond to a brief evolutionary phase in massive galaxy formation.Comment: 16 pages, 9 figures (+ 2 appendices), Accepted for publication in MNRA

The Impact of Psychostimulants on the Executive Capacities of Children with Attention Deficit Hyperactivity Disorder

The current study compared executive-skill and executive-function deficits resulting from teacher ratings of two clinical groups of students diagnosed with ADHD (ADHD-Med, ADHD-NoMed) with ratings of demographically- matched control groups. In addition, teacher ratings of the ADHD-Med group and the ADHD-NoMed group were compared. The data for both clinical groups and their respective matched control groups were part of the data collected during the standardization of the McCloskey Executive Function Scale – Teacher Report (MEFS-TR). Analyses examined teacher responses to all of the items of the seven Self-Regulation, the Self-Realization, and the Self-Determination Clusters of the MEFS. Congruent with the hypothesis of this study, both clinical groups demonstrated a higher degree of executive dysfunction than that of matched nonclinical groups, particularly within the Academic Arena. Additionally, the ADHD-NoMed group was rated with more deficits than the ADHD-Med group across most self-regulation clusters. Consistent with the hypothesis, a large proportion of deficit ratings for the clinical groups occurred with the Focus, Sustain, Inhibit, and Modulate executive capacities. Multiple other executive capacities were also rated as deficient for both clinical groups within the Engagement, Optimization, Inquiry and Solution Clusters. Overall, the study supported the notion that students diagnosed with ADHD who receive pharmaceutical intervention are most likely to be rated as having executive-function deficits reflecting a lack of knowing when to activate an executive capacity within the Academic Arena and sometimes within the Self/Social Arena, whereas students diagnosed with ADHD who do not receive pharmaceutical intervention are most likely to be rated as having executive-skill deficits and executive-function deficits reflecting a lack of knowing how and when to activate an executive capacity within the Academic Arena, and also frequently within the Self/Social Arena

Our Good and Faithful Servant : James Moore Wayne and Georgia Unionism

Since the Civil War, historians have tried to understand why eleven southern states seceded from the Union to form a new nation, the Confederate States of America. What compelled the South to favor disunion over union? While enduring stereotypes perpetuated by the Myth of the Lost Cause cast most southerners of the antebellum era as ardent secessionists, not all southerners favored disunion. In addition, not all states were enthusiastic about the prospects of leaving one Union only to join another. Secession and disunion have helped shape the identity of the imagined South, but many Georgians opposed secession. This dissertation examines the life of U.S. Supreme Court Justice James Moore Wayne (1790-1867), a staunch Unionist from Savannah, Georgia. Wayne remained on the U.S. Supreme Court during the American Civil War, and this study explores why he remained loyal to the Union when his home state joined the Confederacy. Examining the nature of Wayne’s Unionism opens many avenues of inquiry into the nature of Georgia’s attitudes toward union and disunion in the antebellum era. By exploring the political, economic and social dimensions of Georgia Unionism and long opposition to secession, this work will add to the growing list of studies of southern Unionists

Radio Observations of Infrared Luminous High Redshift QSOs

We present Very Large Array (VLA) observations at 1.4 GHz and 5 GHz of a sample of 12 Quasi-stellar Objects (QSOs) at z = 3.99 to 4.46. The sources were selected as the brightest sources at 250 GHz from the recent survey of Omont et al. (2001). We detect seven sources at 1.4 GHz with flux densities, S_{1.4} > 50 microJy. These centimeter (cm) wavelength observations imply that the millimeter (mm) emission is most likely thermal dust emission. The radio-through-optical spectral energy distributions for these sources are within the broad range defined by lower redshift, lower optical luminosity QSOs. For two sources the radio continuum luminosities and morphologies indicate steep spectrum, radio loud emission from a jet-driven radio source. For the remaining 10 sources the 1.4 GHz flux densities, or limits, are consistent with those expected for active star forming galaxies. If the radio emission is powered by star formation in these systems, then the implied star formation rates are of order 1e3 M_solar/year. We discuss the angular sizes and spatial distributions of the radio emitting regions, and we consider briefly these results in the context of co-eval black hole and stellar bulge formation in galaxies.Comment: to appear in the A