Legal Analysis, Policy Analysis, and the Price of Deference: An Empirical Study of Mayo and Chevron

A huge literature contemplates the theoretical relationship between judicial deference and agency rulemaking. But relatively little empirical work has studied the actual effect of deference on how agencies draft regulations. As a result, some of the most important questions surrounding deference—whether it encourages agencies to focus on policy analysis instead of legal analysis, its relationship to procedures like notice and comment—have so far been dominated by conjecture and anecdote. Because Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. applied simultaneously across agencies, it has been difficult to separate its specific causal effect from other contemporaneous events in the 1980s, like the rise of cost-benefit analysis and the new textualism. This Article contends with this problem by exploiting a unique event in administrative law: the Supreme Court’s 2011 decision in Mayo Foundation v. United States, which required that courts apply Chevron deference to interpretative tax regulations. By altering the deference regime applicable to one specific category of regulation, Mayo created a natural experiment with a treatment group (interpretative tax regulations) and a control group (all other regulations)

A Solution to k-Exclusion with O(logk) RMR Complexity

We specify and prove an algorithm solving k-Exclusion, a generalization of the Mutual Exclusion problem. k-Exclusion requires that at most k processes be in the Critical Section (CS) at once; in addition, we require bounded exit, starvation freedom and fairness properties. The goal within this framework is to minimize the number of Remote Memory References (RMRs) made. Previous algorithms have required Omega(k) RMRs in the worst case. Our algorithm requires O(log k) RMRs in the worst case under the Cache-Coherent (CC) model, a considerable improvement in time complexity

Trends in the Management of Intracranial Vascular Malformations in the USA from 2000 to 2007

Objective. To assess prevalence, clinical characteristics, trends in treatment pattern, and outcome in patients with intracranial vascular malformations (IVMs). Methods. Nationwide inpatient sample. Patients with the diagnosis of an IVM admitted to US hospitals from 2000 to 2007. Results. In 58,051 IVM-related admissions (detection rate 2.4/100,000 person-years; mean age 49 ± 17 years; 52% women) major diagnoses were intracranial hemorrhage (ICrH) in 15%, seizure 32%, ischemia 5%, and headache 9%. Procedures included surgery (13%), embolization (13%), radiation therapy (2%), aneurysm clipping (1%), and mechanical ventilation (6%). Ventilation and ICrH were associated with death (2%), whereas ventilation, ICrH, surgery, seizure, and ischemia were associated with unfavorable outcome (20%). IVM detection rate and hospital outcome remained stable over time, whereas mean age and comorbid diagnosis of cerebral ischemia increased (ICrH and seizure decreased). Conclusion. IVMs are infrequent and present in 1/6 patients with some form of ICrH. Overall, seizure is the dominant comorbid diagnosis (1/3 patients). IVMs are equally prevalent among race-ethnic groups and are increasingly detected later in life. The inpatient care of IVM patients results in death or discharge into specialized care in 1/5 patients

Interpretation of the Top-of-Atmosphere Energy Flux for Future Arctic Warming

With the trend of amplified warming in the Arctic, we examine the observed and modeled top-of-atmosphere (TOA) radiative responses to surface air-temperature changes over the Arctic by using TOA energy fluxes from NASA’s CERES observations and those from twelve climate models in CMIP5. Considerable inter-model spreads in the radiative responses suggest that future Arctic warming may be determined by the compensation between the radiative imbalance and poleward energy transport (mainly via transient eddy activities). The poleward energy transport tends to prevent excessive Arctic warming: the transient eddy activities are weakened because of the reduced meridional temperature gradient under polar amplification. However, the models that predict rapid Arctic warming do not realistically simulate the compensation effect. This role of energy compensation in future Arctic warming is found only when the inter-model differences in cloud radiative effects are considered. Thus, the dynamical response can act as a buffer to prevent excessive Arctic warming against the radiative response of 0.11 W m^(−2) K^(−1) as measured from satellites, which helps the Arctic climate system retain an Arctic climate sensitivity of 4.61 K. Therefore, if quantitative analyses of the observations identify contribution of atmospheric dynamics and cloud effects to radiative imbalance, the satellite-measured radiative response will be a crucial indicator of future Arctic warming

Trends in the Management of Intracranial Vascular Malformations in the USA from 2000 to 2007

Objective. To assess prevalence, clinical characteristics, trends in treatment pattern, and outcome in patients with intracranial vascular malformations (IVMs). Methods. Nationwide inpatient sample. Patients with the diagnosis of an IVM admitted to US hospitals from 2000 to 2007. Results. In 58,051 IVM-related admissions (detection rate 2.4/100,000 person-years; mean age 49 ± 17 years; 52% women) major diagnoses were intracranial hemorrhage (ICrH) in 15%, seizure 32%, ischemia 5%, and headache 9%. Procedures included surgery (13%), embolization (13%), radiation therapy (2%), aneurysm clipping (1%), and mechanical ventilation (6%). Ventilation and ICrH were associated with death (2%), whereas ventilation, ICrH, surgery, seizure, and ischemia were associated with unfavorable outcome (20%). IVM detection rate and hospital outcome remained stable over time, whereas mean age and comorbid diagnosis of cerebral ischemia increased (ICrH and seizure decreased). Conclusion. IVMs are infrequent and present in 1/6 patients with some form of ICrH. Overall, seizure is the dominant comorbid diagnosis (1/3 patients). IVMs are equally prevalent among race-ethnic groups and are increasingly detected later in life. The inpatient care of IVM patients results in death or discharge into specialized care in 1/5 patients