Collective Action Federalism and Its Discontents

An increasing number of scholars argue that the Commerce Clause is best read in light of the collective action problems that the nation faced under the Articles of Confederation. The work of these “collective action theorists” is reflected in Justice Ginsburg’s opinion in National Federation of Independent Business v. Sebelius. Writing for four Justices, she stressed the “collective-action impasse” at the state level to which the Affordable Care Act responds. In its purest form, a collective action approach maintains that the existence of a significant problem of collective action facing two or more states is both necessary and sufficient for Congress to address the problem by relying on the Commerce Clause. Unlike nationalist defenders of unlimited federal commerce power, a collective action approach does not ask whether the regulated conduct substantially affects interstate commerce in the aggregate. Unlike federalist defenders of limited federal commerce power, a collective action approach does not focus on the distinction between economic and noneconomic conduct, or between regulating and requiring commerce. Accordingly, nationalists may agree that a collective action problem is sufficient for Congress to invoke the Commerce Clause, but they will disagree that it is necessary. By contrast, federalists may agree that a collective action problem is necessary for Congress to invoke the Commerce Clause, but they will disagree that it is sufficient. This Essay anticipates such criticism. Regarding the nationalist critique of a collective action approach, I argue that the nationalist “substantial effects” test imposes no judicially enforceable limits on the scope of the Commerce Clause. I also argue that nationalists may define multistate collective action problems too narrowly. In addition to races to the bottom, collective action problems include interstate externalities that do not cause races to the bottom. Broadening the definition of multistate collective action problems to include interstate externalities gives rise to the federalist objection that every subject Congress might want to address can plausibly be described as a collective action problem. Federalists may further object that the Commerce Clause is limited to “Commerce.” In response, I argue that “Commerce” is best understood broadly to encompass many social interactions outside markets, as Professors Jack Balkin and Akhil Amar have urged. I also argue that a collective action approach need not validate unlimited federal commerce power. Specifically, I identify three ways of limiting the kinds of interstate externalities that justify use of the Commerce Clause

Collective Action Federalism and Its Discontents

An increasing number of scholars argue that the Commerce Clause is best read in light of the collective action problems that the nation faced under the Articles of Confederation. The work of these “collective action theorists” is reflected in Justice Ginsburg’s opinion in National Federation of Independent Business v. Sebelius. Writing for four Justices, she stressed the “collective-action impasse” at the state level to which the Affordable Care Act responds. In its purest form, a collective action approach maintains that the existence of a significant problem of collective action facing two or more states is both necessary and sufficient for Congress to address the problem by relying on the Commerce Clause. Unlike nationalist defenders of unlimited federal commerce power, a collective action approach does not ask whether the regulated conduct substantially affects interstate commerce in the aggregate. Unlike federalist defenders of limited federal commerce power, a collective action approach does not focus on the distinction between economic and noneconomic conduct, or between regulating and requiring commerce. Accordingly, nationalists may agree that a collective action problem is sufficient for Congress to invoke the Commerce Clause, but they will disagree that it is necessary. By contrast, federalists may agree that a collective action problem is necessary for Congress to invoke the Commerce Clause, but they will disagree that it is sufficient. This Essay anticipates such criticism. Regarding the nationalist critique of a collective action approach, I argue that the nationalist “substantial effects” test imposes no judicially enforceable limits on the scope of the Commerce Clause. I also argue that nationalists may define multistate collective action problems too narrowly. In addition to races to the bottom, collective action problems include interstate externalities that do not cause races to the bottom. Broadening the definition of multistate collective action problems to include interstate externalities gives rise to the federalist objection that every subject Congress might want to address can plausibly be described as a collective action problem. Federalists may further object that the Commerce Clause is limited to “Commerce.” In response, I argue that “Commerce” is best understood broadly to encompass many social interactions outside markets, as Professors Jack Balkin and Akhil Amar have urged. I also argue that a collective action approach need not validate unlimited federal commerce power. Specifically, I identify three ways of limiting the kinds of interstate externalities that justify use of the Commerce Clause

On the modeling of WCDMA system performance with propagation data

The aim of this study was to develop calculation methods for estimating the most important system level performance characteristics of the WCDMA radio network (i.e. network capacity and coverage) in the presence of interference from various sources. The calculation methods described in this work enable the fast design of radio systems with a reasonable degree of accuracy, where different system parameters, propagation conditions and networks as well as frequency scenarios can be easily tested. The work also includes the development and verification of a propagation model for a microcellular environment. Traditionally, system level performance figures have been retrieved using system simulations where the radio network has been modeled as accurately as possible. This has included base stations and mobile stations, propagation models, traffic models and mobility models. Various radio resource management (RRM) algorithms, such as power controls and handovers have also been modeled. However, these system simulations are very complex and time consuming and typically the models are difficult to modify. The idea behind this work is to use the main statistical parameters retrieved from accurate, case specific propagation models and to use these statistics as input for the developed analytical radio network models. When used as output from these analytical models we are able to obtain the performance measures of the network. The specific application area for the developed methods is the evaluation of the effect of the interference from the adjacent frequency channels. Adjacent channel interference decreases the efficiency of the usage of the electromagnetic spectrum i.e. the spectral efficiency. The aim of a radio system design is to ensure that the reduction in the spectral efficiency is as low as possible. This interference may originate from the same or a different radio system and from the same or another operator's network. The strength of this interference is dependent on the system parameters and the network layout. The standard questions regarding adjacent system interference between different operators' network are what guard band is needed between the radio carriers in order to maintain the quality of the network or what are the main mobile and network parameters, such as adjacent channel emission levels or adjacent channel selectivity, required in order to achieve satisfactory network performance. With the developed method proposed here it is possible to answer these questions with reasonable accuracy. One important aspect of network performance is the radio wave propagation environment for which the radio systems are designed. This thesis presents methods evaluating radio wave propagation, especially for cases where the base station antenna is below the rooftops, i.e. in the case of microcellular network environments. The developed microcellular propagation model has been developed for network planning purposes and it has been verified using numerous field propagation measurements. The model can be used in cases where the mobile station is located either indoors or outdoors.reviewe

Performance analysis of error recovery and congestion control in high-speed networks

In the past few years, Broadband Integrated Services Digital Network (B-ISDN) has received increasing attention as a communication architecture capable of supporting multimedia applications. Among the techniques proposed to implement B-ISDN, Asynchronous Transfer Mode (ATM) is considered to be the most promising transfer technique because of its efficiency and flexibility.In ATM networks, the performance bottleneck of the network, which was once the channel transmission speed, is shifted to the processing speed at the network switching nodes and the propagation delay of the channel. This shift is because the high-speed channel increases the ratio of processing time to packet transmission time and also the ratio of propagation delay to packet transmission time. The increased processing overhead makes it difficult to implement hop-by-hop schemes, which may impose prohibitably high processing at each switching node. The increased propagation delay overhead makes traffic control in ATM a challenge since a large number of packets can be in transit between two ATM switching nodes. Because of these fundamental changes, control schemes developed for traditional networks may not perform efficiently, and thus, new network architectures (congestion control schemes, error control schemes, etc.) are required in ATM networks.In this dissertation, we first present an extensive survey of various traffic control schemes and network protocols for ATM networks. In this survey, possible traffic control schemes are examined, and problems of those schemes and their possible solutions are presented. Next, we investigate two key research issues in ATM networks (and other types of high-speed networks): the effects of protocol-processing overhead and the efficiency of traffic control schemes.We first investigate the effects of protocol-processing overhead on the performance of error recovery schemes. Specifically, we investigate the performance trade-offs between link-by-link and edge-to-edge error recovery schemes. Our results show that for a network with high-speed/low-error-rate channels, an edge-to-edge scheme gives a smaller delay than a link-by-link scheme. We then investigate the effectiveness of a priority packet discarding scheme, a congestion control mechanism suitable for high-speed networks. We derive loss probabilities for each stream and investigate the impact of burstiness of traffic streams on the performance of individual streams

Trinity Restoration Inc.: Southside Cultural Center Economic Impact Study

Economic development has shifted from location-oriented business models towards a more all-encompassing model that recognizes the advancement of human capital or intellectual property as continuously increasing in value. This microcosmic characteristic of development extends to aid in the growth of society as a whole. The Arts and Culture attract a demographic of inspired and motivated people to the area. It results in the development of the society surrounding art venues. The general population will always seek out entertainment, by installing a venue of artistic expression in South Providence that will motivate the community and propel development. This phenomena has been proven, as denoted through the historical evaluation of artistic venues across America that have generated economic growth in their respective communities

Cable One v. Idaho State Tax Commission Clerk\u27s Record Dckt. 41305

https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/5764/thumbnail.jp

Book of Abstracts XVIII Congreso de Biometría CEBMADRID

Abstracts of the XVIII Congreso de Biometría CEBMADRID held from 25 to 27 May in MadridInteractive modelling and prediction of patient evolution via multistate models / Leire Garmendia Bergés, Jordi Cortés Martínez and Guadalupe Gómez Melis : This research was funded by the Ministerio de Ciencia e Innovación (Spain) [PID2019104830RBI00]; and the Generalitat de Catalunya (Spain) [2017SGR622 and 2020PANDE00148].Operating characteristics of a model-based approach to incorporate non-concurrent controls in platform trials / Pavla Krotka, Martin Posch, Marta Bofill Roig : EU-PEARL (EU Patient-cEntric clinicAl tRial pLatforms) project has received funding from the Innovative Medicines Initiative (IMI) 2 Joint Undertaking (JU) under grant agreement No 853966. This Joint Undertaking receives support from the European Union’s Horizon 2020 research and innovation programme and EFPIA and Children’s Tumor Foundation, Global Alliance for TB Drug Development non-profit organisation, Spring works Therapeutics Inc.Modeling COPD hospitalizations using variable domain functional regression / Pavel Hernández Amaro, María Durbán Reguera, María del Carmen Aguilera Morillo, Cristobal Esteban Gonzalez, Inma Arostegui : This work is supported by the grant ID2019-104901RB-I00 from the Spanish Ministry of Science, Innovation and Universities MCIN/AEI/10.13039/501100011033.Spatio-temporal quantile autoregression for detecting changes in daily temperature in northeastern Spain / Jorge Castillo-Mateo, Alan E. Gelfand, Jesús Asín, Ana C. Cebrián / Spatio-temporal quantile autoregression for detecting changes in daily temperature in northeastern Spain : This work was partially supported by the Ministerio de Ciencia e Innovación under Grant PID2020-116873GB-I00; Gobierno de Aragón under Research Group E46_20R: Modelos Estocásticos; and JC-M was supported by Gobierno de Aragón under Doctoral Scholarship ORDEN CUS/581/2020.Estimation of the area under the ROC curve with complex survey data / Amaia Iparragirre, Irantzu Barrio, Inmaculada Arostegui : This work was financially supported in part by IT1294-19, PID2020-115882RB-I00, KK-2020/00049. The work of AI was supported by PIF18/213.INLAMSM: Adjusting multivariate lattice models with R and INLA / Francisco Palmí Perales, Virgilio Gómez Rubio and Miguel Ángel Martínez Beneito : This work has been supported by grants PPIC-2014-001-P and SBPLY/17/180501/000491, funded by Consejería de Educación, Cultura y Deportes (Junta de Comunidades de Castilla-La Mancha, Spain) and FEDER, grant MTM2016-77501-P, funded by Ministerio de Economía y Competitividad (Spain), grant PID2019-106341GB-I00 from Ministerio de Ciencia e Innovación (Spain) and a grant to support research groups by the University of Castilla-La Mancha (Spain). F. Palmí-Perales has been supported by a Ph.D. scholarship awarded by the University of Castilla-La Mancha (Spain)

The Opinion – Volume 27, No. 3, February 1985

Selected Table of Contents College opens doors to disabled / Frank Briscoe Dean search drive continues / Steve Patrow Food service \u27improves\u27; Gia Como\u27s owes cash / Joseph A. Buettel Civil Clinic: real lawyering / Steve Patrow Ducks replace books, studies / Steve Patrow Dutch lawyers fill roles as pupil, teacher / Patrick O\u27Donnell New Parking site proposed / Thom Campbell Editorial Board Steve Patrow; Keathy Heaney; Robert Docherty; Frank Briscoe; Paul Knapp; Tim Helgesonhttps://open.mitchellhamline.edu/the-opinion/1096/thumbnail.jp