Setting Congress Up to Fail

In Shelby County v. Holder the Supreme Court invalidated key provisions of the Voting Rights Act of 1965 based on Congress’s failure to justify the formula used to determine which jurisdictions would be subject to the Act’s pre-clearance requirement of submitting all changes to voting procedures to the Justice Department for prior approval. This short essay explores one problematic feature of the Court’s analysis: its refusal to consider the legislative record as adequate because it was created to justify the coverage formula after the fact, rather than to facilitate deliberation on the coverage formula before a decision had been made. This reasoning essentially imports from administrative law a rule called the Chenery principle, and as this essay explains, it does so without justification. The differences between administrative and legislative decision making processes compel different treatment by the courts, and treating legislative records like administrative ones, in essence, asks of Congress something it is institutionally ill-equipped to perform. It sets Congress up to fail.

The Voting Rights Act, Shelby County, and Redistricting: Improving Estimates of Racially Polarized Voting in a Multiple-Election Context

The Supreme Court’s decision in Shelby County has severely limited the power of the Voting Rights Act. I argue that Congressional attempts to pass a new coverage formula are unlikely to gain the necessary Republican support. Instead, I propose a new strategy that takes a “carrot and stick” approach. As the stick, I suggest amending Section 3 to eliminate the need to prove that discrimination was intentional. For the carrot, I envision a competitive grant program similar to the highly successful Race to the Top education grants. I argue that this plan could pass the currently divided Congress.

Without Congressional action, Section 2 is more important than ever before. A successful Section 2 suit requires evidence that voting in the jurisdiction is racially polarized. Accurately and objectively assessing the level of polarization has been and continues to be a challenge for experts. Existing ecological inference methods require estimating polarization levels in individual elections. This is a problem because the Courts want to see a history of polarization across elections.

I propose a new 2-step method to estimate racially polarized voting in a multi-election context. The procedure builds upon the Rosen, Jiang, King, and Tanner (2001) multinomial-Dirichlet model. After obtaining election-specific estimates, I suggest regressing those results on election-specific variables, namely candidate quality, incumbency, and ethnicity of the minority candidate of choice. This allows researchers to estimate the baseline level of support for candidates of choice and test whether the ethnicity of the candidates affected how voters cast their ballots.

A traffic safety demonstration program for Memphis and Shelby County, Tennessee. Final report.

National Highway Traffic Safety Administration, Traffic Safety Programs, Washington, D.C.

Shelbyville area : Shelby County /

"April 22, 1950."

Implementation and operation of NASS PSU 52 - St. Clair, Shelby Counties, Alabama. Final report.

National Highway Traffic Safety Administration, National Center for Statistics and Analysis, Washington, D.C.

LMI trends. Beltline of Illinois counties (Coles, Cumberland, Macoupin, Montgomery, Christian, and Shelby).

Caption title.

Signalling in Malaria Parasites the Malsig Consortium

Depending on their developmental stage in the life cycle, malaria parasites develop within or outside host cells, and in extremely diverse contexts such as the vertebrate liver and blood circulation, or the insect midgut and hemocoel. Cellular and molecular mechanisms enabling the parasite to sense and respond to the intra- and the extra-cellular environments are therefore key elements for the proliferation and transmission of Plasmodium, and therefore are, from a public health perspective, strategic targets in the fight against this deadly disease. The MALSIG consortium, which was initiated in February 2009, was designed with the primary objective to integrate research ongoing in Europe and India on i) the properties of Plasmodium signalling molecules, and ii) developmental processes occurring at various points of the parasite life cycle. On one hand, functional studies of individual genes and their products in Plasmodium falciparum (and in the technically more manageable rodent model Plasmodium berghei) are providing information on parasite protein kinases and phosphatases, and of the molecules governing cyclic nucleotide metabolism and calcium signalling. On the other hand, cellular and molecular studies are elucidating key steps of parasite development such as merozoite invasion and egress in blood and liver parasite stages, control of DNA replication in asexual and sexual development, membrane dynamics and trafficking, production of gametocytes in the vertebrate host and further parasite development in the mosquito. This article, which synthetically reviews such signalling molecules and cellular processes, aims to provide a glimpse of the global frame in which the activities of the MALSIG consortium will develop over the next three years.

John Jones Letter - Accession 7 - M6 (16)

The John Jones Letter was written by Mr. Jones in 1841, a farmer, from Montevallo, Alabama, to Jesse Trusdel of Santon in Kershaw District, South Carolina, in which Jones discusses economic and health conditions in Shelby County, Alabama, his family affairs, and future plans. The collection includes the envelope (in pieces) and a handwritten transcription.

Docket and fees book / 1791-1797

Records of cases heard in the Massachusetts Court of Common Pleas (Middlesex Co.) in Cambridge, Mass., and the New Hampshire Inferior Court of Common Pleas (Hillsborough Co.) in Amherst, N.H and matters brought before justices of the peace. Records identify the litigants, with some notes on fees and settlements; many of the cases concern debts. Justices of the peace include: Israel Atherton (Lancaster, Mass.); Samuel Dana (Amherst, N.H.); Joshua Longley (Shirley, Mass.); Nathaniel Paine (Worcester, Mass.); James Prescott (Westford, Mass.); Jeremiah Stiles (Keene, N.H.); William Swan (Groton, Mass.); Sampson Tuttle (Littleton, Mass.); and Henry Woods (Pepperell, Mass.).

Industrial survey,

Vol. [8] has title: Industrial and agricultural survey ...

Collections for the history of Hampshire, and the bishopric of Winchester: including the isles of Wight, Jersey, Guernsey, and Sarke,

Paging irregular in sect. 2 of v. 1: nos. 100-157, 210-211 omitted, nos. 162-164 repeated.

Vital record of Rhode Island : 1636-1850 : first series : births, marriages and deaths : a family register for the people /

(cont.) v. 17. Providence Phenix, Providence patriot, and Columbian Phenix-Marriages-A to R.- v. 18. Providence Phenix, Providence patriot, and Columbian Phenix-Marriages: S to Z; deaths: A to M.- v. 19. Providence Phenix, Providence patriot, and Columbian Phenix-Deaths: N to Z; Rhode Island American-Marriages: A to G.- v. 20. Rhode Island American: Marriages: H to Z. Deaths: A and B.- v. 21. Rhode Island American: Deaths: C to S.

Nondelegable duty : the implications of Woodland v Essex County Council

English law has long recognised that nondelagable duties exist, but it does not have a single theory to explain when or why - arguable, one might add, until now. That is the value of the reasons for judgement in Woodland v Essex County Council.

M/V ELPIS Coral Reef Restoration Monitoring Report Monitoring Events 2004-2007 Florida Keys National Marine Sanctuary, Monroe County, Florida

This document presents the results of the first three monitoring events to track the recovery of a repaired coral reef injured by the M/V Elpis vessel grounding incident of November 11, 1989. This grounding occurred within the boundaries of what at the time was designated the Key Largo National Marine Sanctuary (NMS), now designated the Key Largo NMS Existing Management Area within the Florida Keys National Marine Sanctuary (FKNMS). Pursuant to the National Marine Sanctuaries Act (NMSA) 16 U.S.C. 1431 et seq., and the Florida Keys National Marine Sanctuary and Protection Act (FKNMSPA) of 1990, NOAA is the federal trustee for the natural and cultural resources of the FKNMS. Under Section 312 of the NMSA, NOAA has the authority to recover monetary damages for injury, destruction, or loss of Sanctuary resources, and to use the recovered monies to restore injured or lost sanctuary resources within the FKNMS. The restoration monitoring program tracks patterns of biological recovery, determines the success of restoration measures, and assesses the resiliency to environmental and anthropogenic disturbances of the site over time. To evaluate restoration success, reference habitats adjacent to the restoration site are concurrently monitored to compare the condition of restored reef areas with natural coral reef areas unimpacted by the vessel grounding. Restoration of the site was completed September 1995, and thus far three monitoring events have occurred; one in the summer of 2004, one in the summer of 2005, and the latest in the summer of 2007. The monitoring in 2004 was in the nature of a “pilot project,” or proof of concept. Only the quantitative results of the 2005 and 2007 monitoring are presented and discussed. Monitoring has consisted of assessment of the structural stability of limestone boulders used in the restoration and comparison of the coral communities on the boulders and reference areas. Corals are divided into Gorgonians, Milleporans, and Scleractinians. Coral densities at the Restored and Reference areas for the 2005 and 2007 events are compared, and it is shown that the densities of all taxa in the Restored area are greater by 2007, though not significantly so. For the Scleractinians, number and percentage of colonies by species, as well as several common biodiversity indices are provided. The greater biodiversity of the Restored area is evidenced. Also, size-class frequency distributions for Agaricia spp. (Scleractinia) are presented. These demonstrate the approaching convergence of the Restored and Reference areas in this regard. An inter-annual comparison of densities, within both areas, for all three Orders, is presented. The most noteworthy finding was the relative consistency across time for all taxa in each area. Finally, certain anomalies regarding species settlement patterns are presented. (PDF contains 48 pages.)

M/V WELLWOOD Coral Reef Restoration Monitoring Report, Monitoring Events 2004-2006. Florida Keys National Marine Sanctuary Monroe County, Florida

This document presents the results of the first two monitoring events to track the recovery of a repaired coral reef injured by the M/V Wellwood vessel grounding incident of August 4, 1984. This grounding occurred within the boundaries of what at the time was designated the Key Largo National Marine Sanctuary (NMS), now designated the Key Largo NMS Existing Management Area within the Florida Keys National Marine Sanctuary (FKNMS). Pursuant to the National Marine Sanctuaries Act (NMSA) 16 U.S.C. 1431 et seq., and the Florida Keys National Marine Sanctuary and Protection Act (FKNMSPA) of 1990, NOAA is the federal trustee for the natural and cultural resources of the FKNMS. Under Section 312 of the NMSA, NOAA has the authority to recover monetary damages for injury, destruction, or loss of Sanctuary resources, and to use the recovered monies to restore injured or lost sanctuary resources within the FKNMS. The restoration monitoring program tracks patterns of biological recovery, determines the success of restoration measures, and assesses the resiliency to environmental and anthropogenic disturbances of the site over time. To evaluate restoration success, reference habitats adjacent to the restoration site are concurrently monitored to compare the condition of restored reef areas with “natural” coral reef areas unimpacted by the vessel grounding or other injury. Restoration of the site was completed on July 22, 2002, and thus far two monitoring events have occurred; one in the Fall of 2004, and one in the Summer/Fall of 2006. The monitoring has consisted of: assessment of the structural stability of restoration modules and comparison of the coral recruitment conditions of the modules and reference sites. Corals are divided into Gorgonians, Milleporans, and Scleractinians and (except where noted) recruits are defined as follows: Gorgonians—maximum size (height) 150 mm at first monitoring event, 270 mm at second; Milleporans—maximum size (height) 65 mm at first event, 125 mm at second; Scleractinians—maximum size (greatest diameter) 50 mm at second event (only one species was size-classed at first event, at smaller size). Recruit densities at the restored and reference areas for each event are compared, as are size-class frequency distributions. For the Scleractinians, number and percentage of recruits by species, as well as several common biodiversity indices are provided. Finally, a qualitative comparison of recruit substrate settlement preference is indicated. Generally, results indicate that restored areas are converging on reference areas, based on almost all parameters examined, with one noted exception. Further monitoring is planned and the trends are anticipated to continue; close attention will be paid to the indicated anomaly. (PDF contains 63 pages.)