215,254 research outputs found

    Disintegration

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    The silver lining behind the Supreme Court\u27s decision to disintegrate the Seattle and Louisville public schools is that the decision also runs the risk of disintegrating judicial review. Parents Involved in Community Schools v. Seattle School District No. 1 holds that the Constitution bars voluntary, race-conscious efforts by two local school boards to retain the racial integration that they worked so hard to achieve after Brown. In so holding, the Court curiously reads the Equal Protection Clause as preventing the use of race to pursue actual equality, and instead insists on a type of formal equality that has historically been associated with thinly veiled efforts to disguise racial oppression--the type of oppression that the Court authorized in upholding the separate-but-equal regime of Plessy. By using the Constitution to protect passive resegregation from active integration, the current Court ends up constitutionalizing the culture\u27s regression to the days of greater racial separation--a separation that Brown found to be inherently unequal. As a result, the new Resegregation decision has not only realigned the current Court with its own racially oppressive past, but it has also distanced the Court from the nation\u27s hope for a racially progressive future. Once the decision is understood in this way, the question becomes whether the case will begin to undermine the legitimacy needed for the Court to continue its activist conception of judicial review. Because the views of the Justices seem so transparently political, the threat to judicial legitimacy that emanates from the Resegregation case may end up exceeding the nation\u27s patience for continued Supreme Court interference in the nation\u27s racial policymaking process. There can be no assurance that the case will prompt such a reconsideration of judicial review. Part I of this article describes the manner in which the Resegregation decision has marginalized the importance of racial integration. Part I.A. describes the Seattle and Louisville integration plans under consideration in the case. Part I.B. describes the various Supreme Court opinions issued in the decision invalidating those plans. Part II discusses the impact that the Resegregation decision is likely to have on the nation\u27s ever-evolving conception of equality. Part II.A. explains how the decision effectively overrules Brown--by protecting the interests of disappointed white parents at the cost of advancing racial resegregation--despite the fact that it is doctrinally difficult to support such a result. Part lI.B. argues that the plurality opinion of Chief Justice Roberts now gives official recognition to an updated form of racism, in which supposed equality is used as a tool of racial oppression. Part III discusses the effect that the decision is likely to have on the future of judicial review. Part III.A. illustrates that the decision to invalidate the integration plans at issue can best be understood as political rather than doctrinal in nature. Part III.B. expresses the hope that such transparent judicial politics will cause the Supreme Court to lose the perceived legitimacy that it needs to continue supplanting the racial policy preferences adopted by the representative branches of government. The conclusion suggests that, while one may hope for the disintegration of undemocratically activist judicial review, the long persistence of racial oppression in the United States does not afford much basis for optimism in achieving that end

    Deuteron Electroweak Disintegration

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    We study the deuteron electrodisintegration with inclusion of the neutral currents focusing on the helicity asymmetry of the exclusive cross section in coplanar geometry. We stress that a measurement of this asymmetry in the quasi elastic region is of interest for an experimental determination of the weak form factors of the nucleon, allowing one to obtain the parity violating electron neutron asymmetry. Numerically, we consider the reaction at low momentum transfer and discuss the sensitivity of the helicity asymmetry to the strangeness radius and magnetic moment. The problems coming from the finite angular acceptance of the spectrometers are also considered.Comment: 30 pages, Latex, 7 eps figures, submitted to Phys.Rev.C e-mail: [email protected] , [email protected]

    Disintegration and Trade

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    The gravity model of trade is utilized to assess the impact of disintegration on trade. The analysis is based on three recent disintegration episodes involving the former Soviet Union, Yugoslavia and Czechoslovakia. The results point to a very strong home bias around the time of disintegration, with intra-union trade exceeding normal trade approximately 43 times in the former Soviet Union and Czechoslovakia, and 24 times in the former Yugoslavia. Disintegration was followed by a sharp fall in trade intensity. Nevertheless, there is a considerable hysteresis in economic relations, with trade flows among the former constituent Republics still between two and 30 times greater than normal trade in 1998.http://deepblue.lib.umich.edu/bitstream/2027.42/39737/3/wp353.pd

    A disintegration theorem

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    A new approach to disintegration of measures is presented, allowing one to drop the usually taken separability assumption. The main tool is a result on fibers in the spectrum of algebra of essentially bounded functions established recently by the first-named author.Comment: 3 page

    Disintegration Through Law?

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    This is certainly not the most propitious time to publish a Journal on "Law and Integration". It is disintegration, not integration, that seems to be the dominant motive behind the contemporary events in Europe; it is the panacea offered to soothe the fears raised by the multiple crises which hold the present state of Europe in a tight grip; it is the invisible thread keeping together the anxieties which underlie the scholarly discussions about its future. It is not our task to determine the multifarious factors, of a social, political or cultural nature, which led to the current state of things. But the analysis of law as a possible disintegration factor would clearly be part of our brief. In all its aspects, the EU-Turkey Statement of 18 March 2016 on the large influx of migrants and asylum seekers in Greece seems to be exploiting the potentialities offered by international law as an alternative decision- making procedure within the EU legal system. This is not a completely unexplored road. The Brexit agreement, adopted by the Member States, acting within the European Council on 18 and 19 February 2016 equally seems to subvert the very mission of the founding treaties: to create an ever closer Union. Even with respect to this precedent, however, the EU-Turkey Statement seems to go one step further as it represents a visible example of the creeping modifications of the EU legal and political system, which almost inadvertently happens with the abdicant consent of the other political EU Institutions. This use of international instruments has the effect of disregarding the European institutional balance upon which the acquis européen has developed and which, with all its limits, constitutes the legacy of the first phase of the European integration. It may shift the centre of gravity to the Member States, the unmoved movers of the European legal universe. It may subdue the institutional pluralism, which has represented the hallmark of the political experience of the European integration, and create, instead, an institutional desert, where the political power is concentrated in the hand of the States acting through the European Council. It may mark the return to a Europe of sovereign States and the definite disappearance of the notion of a European public interest, of which we are in desperate need

    Oscillatory disintegration of a trans-Alfvenic shock: A magnetohydrodynamic simulation

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    Nonlinear evolution of a trans-Alfvenic shock wave (TASW), at which the flow velocity passes over the Alfven velocity, is computed in a magnetohydrodynamic approximation. The analytical theory suggests that an infinitesimal perturbation of a TASW results in its disintegration, i.e., finite variation of the flow, or transformation into some other unsteady configuration. In the present paper, this result is confirmed by numerical simulations. It is shown that the disintegration time is close to its minimum value equal to the shock thickness divided by a relative velocity of the emerging secondary structures. The secondary TASW that appears after the disintegration is again unstable with respect to disintegration. When the perturbation has a cyclic nature, the TASW undergoes oscillatory disintegration, during which it repeatedly transforms into another TASW. This process manifests itself as a train of shock and rarefaction waves, which consecutively emerge at one edge of the train and merge at the other edge.Comment: REVTEX, 8 pages, 13 PostScript figures, uses epsfig.st
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