Constitutionality of English-Only Provisions in the Public Employee Speech Arena: An Examination of Yniguez v. Arizonans for Official English

This Note addresses a significant but rarely examined issue concerning whether a state may constitutionally require the exclusive use of the English language by its employees while performing official acts on behalf of the State. The Note focuses on the approach employed by the Ninth Circuit in determining the constitutionality of Article XXVIII of Arizona\u27s Constitution, arguably the most restrictive of the state provisions regulating language rights, in the recent decision of Yniguez v. Arizonans for Official English. The Note concludes that not only did the majority misapply the overbreadth and public employee speech doctrines, it subsequently failed to identify what type of speech language rights fall into and what level of scrutiny English-only provisions must meet. While recognizing the inherent difficulty in categorizing language rights within the public employee speech doctrine, the Note suggests that either the proper application of the overbreadth doctrine or a reformulation of speech classifications within public employee speech doctrine present more consistent resolutions of English-only issues

Basal core promoters control the equilibrium between negative cofactor 2 and preinitiation complexes in human cells

BACKGROUND: The general transcription factor TFIIB and its antagonist negative cofactor 2 (NC2) are hallmarks of RNA polymerase II (RNAPII) transcription. Both factors bind TATA box-binding protein (TBP) at promoters in a mutually exclusive manner. Dissociation of NC2 is thought to be followed by TFIIB association and subsequent preinitiation complex formation. TFIIB dissociates upon RNAPII promoter clearance, thereby providing a specific measure for steady-state preinitiation complex levels. As yet, genome-scale promoter mapping of human TFIIB has not been reported. It thus remains elusive how human core promoters contribute to preinitiation complex formation in vivo. RESULTS: We compare target genes of TFIIB and NC2 in human B cells and analyze associated core promoter architectures. TFIIB occupancy is positively correlated with gene expression, with the vast majority of promoters being GC-rich and lacking defined core promoter elements. TATA elements, but not the previously in vitro defined TFIIB recognition elements, are enriched in some 4 to 5% of the genes. NC2 binds to a highly related target gene set. Nonetheless, subpopulations show strong variations in factor ratios: whereas high TFIIB/NC2 ratios select for promoters with focused start sites and conserved core elements, high NC2/TFIIB ratios correlate to multiple start-site promoters lacking defined core elements. CONCLUSIONS: TFIIB and NC2 are global players that occupy active genes. Preinitiation complex formation is independent of core elements at the majority of genes. TATA and TATA-like elements dictate TFIIB occupancy at a subset of genes. Biochemical data support a model in which preinitiation complex but not TBP-NC2 complex formation is regulated

Detection of Rotational Spectral Variation on the M-type asteroid (16) Psyche

The asteroid (16) Psyche is of scientific interest because it contains ~ 1% of the total mass of the asteroid belt and is thought to be the remnant metallic core of a protoplanet. Radar observations have indicated the significant presence of metal on the surface with a small percentage of silicates. Prior ground-based observations showed rotational variations in the near-infrared (NIR) spectra and radar albedo of this asteroid. However, no comprehensive study that combines multi-wavelength data has been conducted so far. Here we present rotationally resolved NIR spectra (0.7-2.5 microns) of (16) Psyche obtained with the NASA Infrared Telescope Facility. These data have been combined with shape models of the asteroid for each rotation phase. Spectral band parameters extracted from the NIR spectra show that the pyroxene band center varies from ~ 0.92 to 0.94 microns. Band center values were used to calculate the pyroxene chemistry of the asteroid, whose average value was found to be Fs30En65Wo5. Variations in the band depth were also observed, with values ranging from 1.0 to 1.5%. Using a new laboratory spectral calibration we estimated an average orthopyroxene content of 6+/-1%. The mass-deficit region of Psyche, which exhibits the highest radar albedo, also shows the highest value for spectral slope and the minimum band depth. The spectral characteristics of Psyche suggest that its parent body did not have the typical structure expected for a differentiated body or that the sequence of events that led to its current state was more complex than previously thought.Comment: 21 pages, 8 figures, 2 tables, published in The Astronomical Journa

Zoning Reform for the State of Massachusetts

State legislators have begun utilizing zoning reform to improve quality of life by increasing walkability, public transportation, mixed-use areas and smart growth. The goal of this project was to assist Senator Chandler in assessing effective ways to utilize zoning reform to promote a higher quality of life for Massachusetts residents. We conducted interviews and extensive research in order to characterize the nature of zoning reforms across the United States. We’ve recommend that zoning reform in Massachusetts should streamline the current rezoning process and address key elements such as walkability, public transportation, and affordable housing. Our team also created a zoning model to be implemented in Worcester to highlight the positive effects that zoning can have on the public

A Global 86GHz VLBI Survey of Compact Radio Sources

We present results from a large 86GHz global VLBI survey of compact radio sources. The main goal of the survey is to increase by factors of 3--5 the total number of objects accessible for future 3-mm VLBI imaging. The survey observations reach the baseline sensitivity of 0.1Jy and image sensitivity of better than 10 mJy/beam. The total of 127 compact radio sources have been observed. The observations have yielded images for 109 sources, extending the database of the sources imaged at 86GHz with VLBI observation by a factor of 5, and only 6 sources have not been detected. The remaining 12 objects have been detected but could not be imaged due to insufficient closure phase information. Radio galaxies are less compact than quasars and BL Lacs on sub-milliarcsecond scale. Flux densities and sizes of core and jet components of all imaged sources have been estimated using Gaussian model fitting. From these measurements, brightness temperatures have been calculated, taking into account resolution limits of the data. The cores of 70% of the imaged sources are resolved. The core brightness temperatures of the sources peak at $\sim 10^{11}$ K and only 1% have brightness temperatures higher than $10^{12}$ K. Cores of Intraday Variable (IDV) sources are smaller in angular size than non-IDV sources, and so yield higher brightness temperatures.Comment: 72 pages, 12 figures, accepted for publication in the Astronomical Journa

Simulation and ground testing with the Advanced Video Guidance Sensor

The Advanced Video Guidance Sensor (AVGS), an active sensor system that provides near-range 6-degree-of-freedom sensor data, has been developed as part of an automatic rendezvous and docking system for the Demonstration of Autonomous Rendezvous Technology (DART). The sensor determines the relative positions and attitudes between the active sensor and the passive target at ranges up to 300 meters. The AVGS uses laser diodes to illuminate retro-reflectors in the target, a solid-state imager to detect the light returned from the target, and image capture electronics and a digital signal processor to convert the video information into the relative positions and attitudes. The development of the sensor, through initial prototypes, final prototypes, and three flight units, has required a great deal of testing at every phase, and the different types of testing, their effectiveness, and their results, are presented in this paper, focusing on the testing of the flight units. Testing has improved the sensor's performance

Accuracy of wind observations from open-ocean buoys: Correction for flow distortion

The comparison of equivalent neutral winds obtained from (a) four WHOI buoys in the subtropics and (b) scatterometer estimates at those locations reveals a root-mean-square (RMS) difference of 0.56-0.76 m/s. To investigate this RMS difference, different buoy wind error sources were examined. These buoys are particularly well suited to examine two important sources of buoy wind errors because: (1) redundant anemometers and a comparison with numerical flow simulations allow us to quantitatively assess flow distortion errors, and (2) one-minute sampling at the buoys allows us to examine the sensitivity of buoy temporal sampling/averaging in the buoy-scatterometer comparisons. The inter-anemometer difference varies as a function of wind direction relative to the buoy wind vane and is consistent with the effects of flow distortion expected based on numerical flow simulations. Comparison between the anemometers and scatterometer winds supports the interpretation that the inter-anemometer disagreement, which can be up to 5% of the wind speed, is due to flow distortion. These insights motivate an empirical correction to the individual anemometer records and subsequent comparison with scatterometer estimates show good agreement

Substantial improvements not seen in health behaviors following corner store conversions in two Latino food swamps.

BackgroundThe effectiveness of food retail interventions is largely undetermined, yet substantial investments have been made to improve access to healthy foods in food deserts and swamps via grocery and corner store interventions. This study evaluated the effects of corner store conversions in East Los Angeles and Boyle Heights, California on perceived accessibility of healthy foods, perceptions of corner stores, store patronage, food purchasing, and eating behaviors.MethodsHousehold data (n = 1686) were collected at baseline and 12- to 24-months post-intervention among residents surrounding eight stores, three of which implemented a multi-faceted intervention and five of which were comparisons. Bivariate analyses and logistic and linear regressions were employed to assess differences in time, treatment, and the interaction between time and treatment to determine the effectiveness of this intervention.ResultsImprovements were found in perceived healthy food accessibility and perceptions of corner stores. No changes were found, however, in store patronage, purchasing, or consumption of fruits and vegetables.ConclusionsResults suggest limited effectiveness of food retail interventions on improving health behaviors. Future research should focus on other strategies to reduce community-level obesity