Differentiating Legislative from Nonlegislative Rules: An Empirical and Qualitative Analysis

The elusive distinction between legislative rules and nonlegislative rules has frustrated courts, motivated voluminous scholarly debate, and ushered in a flood of litigation against administrative agencies. In the absence of U.S. Supreme Court guidance on the proper demarcating line, circuit courts have adopted various tests to ascertain a rule’s proper classification. This Note analyzes all 241 cases in which a circuit court has used one or more of the enunciated tests to differentiate legislative from nonlegislative rules. These opinions come from every one of the thirteen circuits and span the period of the early 1950s through 2018. This Note identifies six different tests that courts have employed in this effort and offers a qualitative and empirical analysis of each. The qualitative analysis explains the underlying premise of the tests, articulates their merits and shortcomings, and considers how courts have applied them to particular disputes. The empirical portion of this Note uses regression analysis to ascertain how using or rejecting one or more of the tests affects a court’s determination of whether the rule is legislative or nonlegislative. This Note classifies the different tests into two categories: public-focused tests and agency-focused tests. These two categories are defined by a principle that permeates administrative law jurisprudence: achieving a proper balance between efficient agency rulemaking and maintaining a proper check against unconstrained agency action. These two categories thus defined, this Note proposes a balanced approach that incorporates elements of both categories to identify and refine the proper test

Exact quantum query complexity of EXACTk,ln\rm{EXACT}_{k,l}^n

In the exact quantum query model a successful algorithm must always output the correct function value. We investigate the function that is true if exactly $k$ or $l$ of the $n$ input bits given by an oracle are 1. We find an optimal algorithm (for some cases), and a nontrivial general lower and upper bound on the minimum number of queries to the black box.Comment: 19 pages, fixed some typos and constraint

Elements of Design for Containers and Solutions in the LinBox Library

We describe in this paper new design techniques used in the \cpp exact linear algebra library \linbox, intended to make the library safer and easier to use, while keeping it generic and efficient. First, we review the new simplified structure for containers, based on our \emph{founding scope allocation} model. We explain design choices and their impact on coding: unification of our matrix classes, clearer model for matrices and submatrices, \etc Then we present a variation of the \emph{strategy} design pattern that is comprised of a controller--plugin system: the controller (solution) chooses among plug-ins (algorithms) that always call back the controllers for subtasks. We give examples using the solution \mul. Finally we present a benchmark architecture that serves two purposes: Providing the user with easier ways to produce graphs; Creating a framework for automatically tuning the library and supporting regression testing.Comment: 8 pages, 4th International Congress on Mathematical Software, Seoul : Korea, Republic Of (2014

Exotic magnetism on the quasi-FCC lattices of the d3d^3 double perovskites La2_2NaB′'O6_6 (B′' == Ru, Os)

We find evidence for long-range and short-range ($\zeta$ $=$ 70 \AA~at 4 K) incommensurate magnetic order on the quasi-face-centered-cubic (FCC) lattices of the monoclinic double perovskites La$_2$NaRuO$_6$ and La$_2$NaOsO$_6$ respectively. Incommensurate magnetic order on the FCC lattice has not been predicted by mean field theory, but may arise via a delicate balance of inequivalent nearest neighbour and next nearest neighbour exchange interactions. In the Ru system with long-range order, inelastic neutron scattering also reveals a spin gap $\Delta$ $\sim$ 2.75 meV. Magnetic anisotropy is generally minimized in the more familiar octahedrally-coordinated $3d^3$ systems, so the large gap observed for La$_2$NaRuO$_6$ may result from the significantly enhanced value of spin-orbit coupling in this $4d^3$ material.Comment: 5 pages, 4 figure

Dark Matter and Pseudo-flat Directions in Weakly Coupled SUSY Breaking Sectors

We consider candidates for dark matter in models of gauge mediated supersymmetry breaking, in which the supersymmetry breaking sector is weakly coupled and calculable. Such models typically contain classically flat directions, that receive one-loop masses of a few TeV. These pseudo-flat directions provide a new mechanism to account for the cold dark matter relic abundance. We discuss also the possibility of heavy gravitino dark matter in such models.Comment: 16 pages, 2 figures. v2: comments, refs adde

Pseudomoduli Dark Matter

We point out that pseudomoduli -- tree-level flat directions that often accompany dynamical supersymmetry breaking -- can be natural candidates for TeV-scale dark matter in models of gauge mediation. The idea is general and can be applied to different dark matter scenarios, including (but not limited to) those of potential relevance to recent cosmic ray anomalies. We describe the requirements for a viable model of pseudomoduli dark matter, and we analyze two example models to illustrate the general mechanism -- one where the pseudomoduli carry Higgsino-like quantum numbers, and another where they are SM singlets but are charged under a hidden-sector $U(1)'$ gauge group.Comment: 20 pages, refs adde

Sr\u3csub\u3e3\u3c/sub\u3eMgPtO\u3csub\u3e6\u3c/sub\u3e

Single crystals of the mixed alkaline earth platinate, tristrontium magnesium platinum hexaoxide, Sr3MgPtO6, were grown from a KOH flux at 1273 K. The compound adopts the rhombohedral K4CdCl6 structure type, featuring chains of face-shared, distorted MgO6 trigonal prisms (Mg site symmetry 32) and PtO6 octahedra (Pt site symmetry ) surrounded by columns of Sr2+ ions (Sr site symmetry 2)