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

Anolis olssoni

Number of Pages: 5Integrative BiologyGeological Science

Effect of Tryptophan Analogs on Derepression of the \u3cem\u3eEscherichia coli\u3c/em\u3e Tryptophan Operon by Indole-3-Propionic Acid

The abilities of 14 tryptophan analogs to repress the tryptophan (trp) operon have been studied in Escherichia coli cells derepressed by incubation with 0.25 mM indole-3-propionic acid (IPA). trp operon expression was monitored by measuring the specific activities of anthranilate synthase (EC 4.1.3.27) and the tryptophan synthase (EC 4.2.1.20) β subunit. Analogs characterized by modification or removal of the α-amino group or the α-carboxyl group did not repress the trp operon. The only analogs among this group that appeared to interact with the trp aporepressor were IPA, which derepressed the trp operon, and d-tryptophan. Analogs with modifications of the indole ring repressed the trp operon to various degrees. 7-Methyl-tryptophan inhibited anthranilate synthase activity and consequently derepressed the trp operon. Additionally, 7-methyltryptophan prevented IPA-mediated derepression but, unlike tryptophan, did so in a non-coordinate manner, with the later enzymes of the operon being relatively more repressed than the early enzymes. The effect of 7-methyltryptophan on IPA-mediated derepression was likely not due to the interaction of IPA with the allosteric site of anthranilate synthase, even though feedback-resistant mutants of anthranilate synthase were partially resistant to derepression by IPA. The effect of 7-methyltryptophan on derepression by IPA was probably due to the effect of the analog-aporepressor complex on trp operon expression

Predicting alcoholism treatment outcome

The detrimental effects of alcoholism on society have stimulated the growth of addiction treatment centers. These programs are characterized by low completion rates. This fact has promoted a great deal of research aimed toward predicting treatment completion. If those "at risk" for dropping out of programs can be identified, they can be singled out for special consideration which could result in their success with treatment. Alternatively, if it can be determined that clients with certain characteristics have a high probability of completing treatment at specific centers, then patient characteristics can be "matched" with the program shown to offer such people the best opportunity for treatment completion. The majority of studies in this area have used MMPI scales and/or combinations of demographic variables for prediction. In general, these studies have not been very successful or have failed to replicate. Some reasons for this are small sample sizes, a limited number of variables used in prediction, and lack of cross validation. The present research addresses these problems by using large numbers of subjects and predictor variables. Cross validation was performed on an independent sample. Phase One subjects were drawn from archival records; a sample of three hundred and seventy subjects was obtained; two hundred were treatment completers and one hundred seventy non completers. Variables included in the analysis were; age, sex, race, education. marital status, nnuummbbeerr of dependents, employment status, previous treatments, weeks sober prior to treatment, place of residence, prescription medication, referring agent, self reported reasons for referral, and the three validity and ten standard clinical scales of the MMPI, Through discriminant analysis, an overall successful classification rate of 65.4% was obtained. Treatment completers were classified correctly 74.0% and non completers 55.3%. The cross validation sample was obtained and variables collected in the same manner as in phase one. Data from one hundred treatment completers and eighty non completers was collected. The discriminant function from phase one derived an overall successful classification rate of 56.1%. Treatment completers were classified correctly 69.0% and non completers 40.0%. Results highlight a dramatic failure to predict treatment dropouts. However, treatment completers could be predicted. The relevance of this finding for treatment matching was discussed. It was concluded that, due to the heterogeneity of alcoholic samples, personality measures such as the MMPI should only be used to describe population characteristics at specific treatment centers; generalization should not be expected. It was hypothesized that, by looking for specific predictors at each treatment center instead of searching for global predictors, treatment matching is feasible, and may be very helpful in reducing dropout rates

Homiletics: Outlines on the Standard Gospel Series

Outlines on the Standard Gospel Serie

Robert W. Smith Letter

MS009-201

Why God Gave Children Parents

https://digitalcommons.biola.edu/biola-radio-pubs/1177/thumbnail.jp

Keeping the republic: Ideology and the diplomacy of John Adams, James Madison and John Quincy Adams

This dissertation explores the extent to which the political ideology that formed the basis for the American republic shaped American diplomacy, using John Adams, James Madison and John Quincy Adams as case studies. American statesmen drew on a variety of sources for republican principles of diplomacy. The law of nations and the Scottish political economists supplied the ideas of an international balance of power and freedom of trade. English writers of the Opposition Whig school provided concepts such as political separation from Europe, reliance on a navy for defense, abhorrence of a standing army and, indirectly, the belief that the United States could use its economic power to secure its diplomatic goals.;John Adams began his career with a high degree of confidence in the virtue of the American people and the coercive power of American trade. He combined a classical martial ethic with an Opposition whig strategic sense. Adams\u27s experience in Europe disproved these beliefs, and as president he fell back on the republican realpolitik, based on naval power and separation from Europe, suggested by the Opposition Whig school.;James Madison never held out a classical model of virtue and never lost faith in the coercive power of American commerce. His combination of political economy with Opposition thought led him to reject both an army and a navy as monarchical tools of diplomacy. He saw the Constitution as a vehicle for harnessing American economic power. Madison\u27s conception of a republican diplomacy led him, as secretary of state and president, to rely on the Embargo and similar economic measures.;John Quincy Adams combined republican realpolitik with a sense of Christian purpose and saw American government and diplomacy as a vehicle for moral improvement. Adams\u27s republic rested on a continental union and a diplomacy directed against European colonization, as a manifestation of monarchy. Non-colonization included removing Spain as a neighbor in North America, preventing European political encroachment in the Western Hemisphere, and securing a hemisphere-wide consensus on neutral rights. as a congressman and critic of slavery-driven expansion, Adams demonstrated the persistence of Opposition Whig thought in American politics

A Study to Investigate the Effects of State Taxation and Plan Type on Small Employer Retirement Plan Cost.

Congress enacted legislation in 1978 (Revenue Act of 1978) that created a new type of retirement plan, the simplified employee plan. Congress believed that the administration costs associated with existing plans, especially qualified plans, were an undesirable obstacle to plan adoption and maintenance among small employers. Qualified plan participants, i.e., employees, in many cases are able to receive substantial reductions in the amount of tax due on retirement plan distributions. One of the primary differences between qualified plans and the simplified employee plans mentioned above is that under certain circumstances the tax due on distributions from qualified plans may be computed using a special federal averaging computation. Some states allow similar tax relief for distributions from qualified retirement arrangements. Simplified employee plans do not qualify for this preferential federal tax treatment. Therefore, even if simplified employee plans reduce the administration costs incurred by employers, the amount actually available to plan participants after taxes under a simplified employee plan may be substantially lower than the amount available to participants in qualified retirement plans. This paper describes a computer simulation of the costs small employers incur to provide after-tax retirement benefits to employees. These costs were analyzed to determine if simplified employee plans actually lowered the costs small employers incur. In this study, the after-tax costs small employers incur under both qualified plans and simplified employee plans were compared to determine if the creation of simplified employee plans achieved the congressional objective of cost reduction for small employers. Of particular interest were the tax costs small employers incur because of the various methods of taxing plan participants at the state level