Government Partnerships With Faith-based Service Providers: The State of the Law

Rapid change and significant uncertainty are the most noteworthy features of the legal environment for participation by faith-based organizations ("FBOs") in government-financed socialservices. Developments in federal constitutional law, statutorily based federal programs, and the administrative environment have altered the legal circumstances in which such opportunities mayappear. In addition, the body of law (federal, state, and local) concerning the employment relation, an emerging focus on state constitutional law, and the existing pattern of contractual relations between government entities and FBOs, contribute to an atmosphere of legal complexity surrounding this field. These patterns of change and uncertainty play a crucial role in the decisions of FBOs on the value and risks involved in participating in such programs, as well as in decisions by government agencies concerning whether and how to undertake such programs.The topics included are 1) the Establishment Clause of the First Amendment to the U.S. constitution, including recent cases involving the application of that Clause to FBOs in service partnerships with government; 2) state constitutional law as a source of impediments to state relationships with FBOs, and federal constitutional challenges to such impediments; 3) the law of employment discrimination – federal, state, and local – as it applies to FBOs in such partnerships; 4) federal programs that explicitly invite participation by FBOs; and 5) state social service contracts with FBOs, and the presence or absence of religionspecific provisions in such contracts

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

Magnetic Suspension and Balance Systems: A Comprehensive, Annotated Bibliography

This bibliography contains 301 entries. Results are reported of recent studies aimed at increasing the research capabilities of magnetic suspension and balance systems; e.g., increasing force and torque capability, increasing angle of attack capability, and increasing overall system reliability. The problem is addressed of scaling from the relatively small size of existing systems to much larger sizes. The purpose of the bibliography is to provide an up-to-date list of publications that might be helpful to persons interested in magnetic suspension and balance systems for use in wind tunnels. The arrangement is generally chronological by date of presentation. However, papers presented at conferences or meetings are placed under dates of presentation. The numbers assigned to many of the citations have been changed from those used in the previous bibliography. This has been done in order to allow outdated citations to be removed and some recently discovered older works to be included in their proper chronological order. Author, source, and subject indexes are included in order to increase the usefulness of this compilation

Rotary balances: A selected, annotated bibliography

This bibliography on rotary balances contains 102 entries. It is part of NASA's support of the AGARD Fluid Dynamics Panel Working Group 11 on Rotary Balances. This bibliography includes works that might be useful to anyone interested in building or using rotor balances. Emphasis is on the rotary balance rigs and testing techniques rather than the aerodynamic data. Also included are some publications of historical interest which relate to key events in the development and use of rotary balances. The arrangement is chronological by date of publication in the case of reports and by presentation in the case of papers

Historic Preservation Grants To Houses Of Workship: A Case Study in the Survival of Separationism

Many states have historic preservation regulations that, as applied to properties owned by religious entities, have been challenged on free exercise grounds. Historic preservation programs, however, also include government grants for preservation efforts, and no court has yet been asked to rule on the permissibility of such grants. This Article analyzes the existing Supreme Court precedent on state financial support for the construction or preservation of places of worship or religious teaching. After briefly reviewing the movement from Separationists to Neutralism, this Article collects and appraises materials on historic preservation, which reveal a remarkable degree of disparity in preservation policies, as various levels of government struggle with changes in the relevant law. This Article concludes by invoking a principle of Religion Clause symmetry—what the government may regulate it may also subsidize—and by suggesting that the religionspecific line between permissible and impermissible subsidy (and regulation) should be drawn between the exteriors and interiors of houses of worship

FIREBALL: Instrument pointing and aspect reconstruction

The Faint Intergalactic Redshifted Emission Balloon (FIREBALL) had its first scientific flight in June 2009. The instrument is a 1 meter class balloon-borne telescope equipped with a vacuum-ultraviolet integral field spectrograph intended to detect emission from the inter-galactic medium at redshifts 0.3 < z < 1.0. The scientific goals and the challenging environment place strict constraints on the pointing and tracking systems of the gondola. In this manuscript we briefly review our pointing requirements, discuss the methods and solutions used to meet those requirements, and present the aspect reconstruction results from the first successful scientific flight

School Vouchers: Settled Questions, Continuing Disputes

Provides an assessment of the constitutional principles announced by the Court, following the June 2002 decision in the Cleveland school voucher case. Presents contrasting arguments on educational policy that address key issues about the decision

Magnetic Suspension and Balance Systems: A Selected, Annotated Bibliography

This publication, containing 206 entries, supersedes an earlier bibliography, NASA TM-80225 (April 1980). Citations for 18 documents have been added in this updated version. Most of the additions report results of recent studies aimed at increasing the research capabilities of magnetic suspension and balance systems, e.g., increasing force and torque capability, increasing angle of attack capability, and increasing overall system reliability. Some of the additions address the problem of scaling from the relatively small size of existing systems to much larger sizes. The purpose of this bibliography is to provide an up-to-date list of publications that might be helpful to persons interested in magnetic suspension and balance systems for use in wind tunnels. The arrangement is generally chronological by date of publication. However, papers presented at conferences or meetings are placed under dates of presentation. The numbers assigned to many of the citations have been changed from those used in the previous bibliography. This has been done in order to allow outdated citations to be removed and some recently discovered older works to be included in their proper chronological order

Effects of 2010 Hurricane Earl amidst geologic evidence for greater overwash at Anegada, British Virgin Islands

© The Author(s), 2014. This article is distributed under the terms of the Creative Commons Attribution License. The definitive version was published in Advances in Geosciences 38 (2014): 21-30, doi:10.5194/adgeo-38-21-2014.A post-hurricane survey of a Caribbean island affords comparisons with geologic evidence for greater overwash at the same place. This comparison, though of limited application to other places, helps calibrate coastal geology for assessment of earthquake and tsunami potential along the Antilles Subduction Zone. The surveyed island, Anegada, is 120 km south of the Puerto Rico Trench and is near the paths of hurricanes Donna (1960) and Earl (2010), which were at or near category 4 when at closest approach. The survey focused on Earl's geologic effects, related them to the surge from Hurricane Donna, and compared them further with erosional and depositional signs of southward overwash from the Atlantic Ocean that dates to 1200–1450 AD and to 1650–1800 AD. The main finding is that the geologic effects of these earlier events dwarf those of the recent hurricanes. Hurricane Earl's geologic effects at Anegada, observed mainly in 2011, were limited to wrack deposition along many of the island's shores and salt ponds, accretion of small washover (spillover) fans on the south shore, and the suspension and deposition of microbial material from interior salt ponds. Earl's most widespread deposit at Anegada, the microbial detritus, was abundantly juxtaposed with evidence for catastrophic overwash in prior centuries. The microbial detritus formed an extensive coating up to 2 cm thick that extended into breaches in beach-ridge plains of the island's north shore, onto playas that are underlain by a sand-and-shell sheet that extends as much as 1.5 km southward from the north shore, and among southward-strewn limestone boulders pendant to outcrops as much as 1 km inland. Earl's spillover fans also contrast with a sand-and-shell sheet, which was dated previously to 1650–1800, by being limited to the island's south shore and by extending inland a few tens of meters at most. These findings complement those reported in this issue by Michaela Spiske and Robert Halley (Spiske and Halley, 2014), who studied a coral-rubble ridge that lines part of Anegada's north shore. Spiske and Halley attribute the ridge to storms that were larger than Earl. But they contrast the ridge with coral boulders that were scattered hundreds of meters inland by overwash in 1200–1450

On the Molecular Evolution of Leptin, Leptin Receptor, and Endospanin

Over a decade passed between Friedman’s discovery of the mammalian leptin gene (1) and its cloning in fish (2) and amphibians (3). Since 2005, the concept of gene synteny conservation (vs. gene sequence homology) was instrumental in identifying leptin genes in dozens of species, and we now have leptin genes from all major classes of vertebrates. This database of LEP (leptin), LEPR (leptin receptor), and LEPROT (endospanin) genes has allowed protein structure modeling, stoichiometry predictions, and even functional predictions of leptin function for most vertebrate classes. Here, we apply functional genomics to model hundreds of LEP, LEPR, and LEPROT proteins from both vertebrates and invertebrates. We identify conserved structural motifs in each of the three leptin signaling proteins and demonstrate Drosophila Dome protein’s conservation with vertebrate leptin receptors. We model endospanin structure for the first time and identify endospanin paralogs in invertebrate genomes. Finally, we argue that leptin is not an adipostat in fishes and discuss emerging knockout models in fishes