Three Generations of Participation Rights in European Administrative Proceedings

This paper develops a conceptual framework for analyzing the development of participation rights in Community administration from the early 1970\u27s to the present day. Procedural rights can be divided into three categories, each of which is associated with a distinct phase in Community history and a particular set of institutional actors. The first set of rights, the right to a fair hearing when the Commission inflicts sanctions or other forms of hardship on individuals, first emerged in the 1970\u27s in the context of competition proceedings and later in areas such as anti-dumping and structural funds. This phase was driven by the Court of Justice and an English, and to a lesser extent, German conception of the value of a fair hearing. The rise of transparency in the 1990\u27s-- the requirement of openness in all Community institutions, including administration--marks the second stage. The drive for transparency was led by certain member countries with longstanding traditions of open government--the Netherlands, Denmark, and Sweden--as well as the European Parliament. The most recent phase in the development of process rights is the debate on whether and under what conditions, individuals, firms, and their associations, billed civil society, should take part in Community legislative and rulemaking proceedings. The Commission and now the Convention on the Future of Europe have been the keenest proponents of giving citizens and their associations a right to participate in rulemaking and legislative proceedings. Civil society participation is then critically examined. Representation--not expertise or good management practices--is the only justification for allocating power, within the Community policymaking process, to individual citizens and their organizations. Yet there is no consensus in Europe, where republican, corporatist, and liberal traditions continue to flourish, on the legitimacy of representation outside of political parties and the electoral process. Without wider consensus, I conclude that associational participation in Community policymaking should not be entrenched and that the Commission should, in mediating the informal influence of civil society actors, act in awareness of its innate institutional bias toward liberal interest group pluralism

Civil Society and International Organizations: A Liberal Framework for Global Governance

An earlier draft of this Article was presented at a faculty workshop at the University of Illinois College of Law. (Author\u27s Manuscript, March 2005) This analysis of how civil society can contribute to a better system of global governance draws on the political philosophy of civil society and the comparative law of democracy. Its first part describes the civil society phenomenon in three different international organizations: the World Bank, the World Trade Organization, and the European Union. Part Two puts forward the moral principle upon which my argument rests: liberal democracy. The next part sets the stage for the discussion of contemporary liberal theories of civil society by reviewing the history of the concept. Part Four critically examines the four dominant theories of citizen associations and their contribution to the good life in democratic societies. These theories serve as the basis for evaluating the pro-civil society reforms that have been made to date in international organizations and for suggesting additional areas of improvement. Yet the review of the literature also demonstrates, somewhat surprisingly, that the political philosophers and the civil society activists are talking past one another: the theory does not address head-on the question whether associations should be represented in public decisionmaking. For civil society theory, the democratizing potential of civil society lies in collective life outside the state. Thus, Part Five explores the comparative law of contemporary democracies and shows that interest and identity groups can participate in public life in at least three different ways: pluralism, corporatism, and republicanism. The concluding section returns to the institutional reform of international organizations. In view of the premises and ideals that inform different cultures of democracy and the realities of politics in the international realm, I argue that the public law of corporatism is the most appropriate for today\u27s international organizations

Creating European Rights: National Values and Supranational Interests

This Article develops an explanation for the emergence of individual rights before the European Commission, one of the oldest and most powerful international organizations in existence today. I argue that, in the early days of the European Community, rights before the Commission were patterned on the laws and legal traditions of the dominant Member States. Changing political circumstances largely outside the control of the Commission and other European institutions gave rise to a number of discrete, historical challenges to their authority. Most of these challenges came from citizens with allegiances to minority, national constitutional symbols and practices who were determined to retain them in the face of European integration. To preserve and extend their authority, European institutions adopted these constitutional ideals and hence altered the nature of European rights. In developing this explanation, I draw upon a number of theories in political science. One of the longest-running debates over European integration is the balance between sovereign states and supranational institutions in setting the pace of European integration. While some scholars argue that traditional state interests and the balance of power among states are critical, others take supranational institutions--and their interest in expanding their powers and pushing forward integration--as the decisive force behind integration. My review of the origins of rights before the Commission shows that both sets of actors, at different points in time, were agents of rights. More importantly, the empirical analysis brings to light two important constraints on the ability of states and supranational institutions to design European rights to their advantage, often overlooked in the political science literature. The first is history writ large: understandings of fair and democratic government developed within the nation-state and representing the accumulation of experiences, beliefs, and norms over generations. The second is history writ small: episodic, external challenges to the authority of European institutions that serve as the context in which such institutions further their interests. These factors should be taken into account in explaining the rights that define what it is to be a European citizen today

High resolution satellite imagery orientation accuracy assessment by leave-one-out method: accuracy index selection and accuracy uncertainty

The Leave-one-out cross-validation (LOOCV) was recently applied to the evaluation of High Resolution Satellite Imagery orientation accuracy and it has proven to be an effective method alternative with respect to the most common Hold-out-validation (HOV), in which ground points are split into two sets, Ground Control Points used for the orientation model estimation and Check Points used for the model accuracy assessment. On the contrary, the LOOCV applied to HRSI implies the iterative application of the orientationmodel using all the known ground points as GCPs except one, different in each iteration, used as a CP. In every iteration the residual between imagery derived coordinates with respect to CP coordinates (prediction error of the model on CP coordinates) is calculated; the overall spatial accuracy achievable from the oriented image may be estimated by computing the usual RMSE or, better, a robust accuracy index like the mAD (median Absolute Deviation) of prediction errors on all the iterations. In this way it is possible to overcome some drawbacks of the HOV: LOOCVis a reliable and robustmethod, not dependent on a particular set of CPs and on possible outliers, and it allows us to use each known ground point both as a GCP and as a CP, capitalising all the available ground information. This is a crucial problem in current situations, when the number of GCPs to be collected must be reduced as much as possible for obvious budget problems. The fundamentalmatter to deal with was to assess howwell LOOCVindexes (mADand RMSE) are able to represent the overall accuracy, that is howmuch they are stable and close to the corresponding HOV RMSE assumed as reference. Anyway, in the first tests the indexes comparison was performed in a qualitative way, neglecting their uncertainty. In this work the analysis has been refined on the basis of Monte Carlo simulations, starting from the actual accuracy of ground points and images coordinates, estimating the desired accuracy indexes (e.g. mAD and RMSE) in several trials, computing their uncertainty (standard deviation) and accounting for them in the comparison. Tests were performed on a QuickBird Basic image implementing an ad hoc procedure within the SISAR software developed by the Geodesy and Geomatics Team at the Sapienza University of Rome. The LOOCV method with accuracy evaluated by mAD seemed promising and useful for practical case

Notes on the germination of the endangered species Sclerolaena napiformis (Chenopodiaceae)

Sclerolaena napiformis is found on fertile plains in northern Victoria and southern New South Wales and is endangered Australia-wide. Introductory work on its germination shows that seeds cannot germinate until the woody fruit has broken down. The seeds tolerate a wide range of temperatures for germination, suggesting that germination occurs regardless of season if sufficient rain falls. Seed ageing effects reduce seed viability, but some seed is still viable after two years storage. Flower buds first appear 21 weeks from germination and some fruits have matured by week 29. In the field, plants die back to their taproots in late autumn and resprout in spring. Ninety percent of tagged plants were still alive two years later. The physiological seed dormancy imposed by an intact fruit wall provides a mechanism for the development of persistent soil seed banks. Work on the ecological significance of such banks is needed. The literature on interactions between Sclerolaena fruit and seed biology and ants is briefly reviewed

Productivity, Wages and Marriage: The Case of Major League Baseball

The effect of marriage on productivity and, consequently, wages has been long debated in economics. A primary explanation for the impact of marriage on wages has been through its impact on productivity, however, there has been no direct evidence for this. In this paper, we aim to fill this gap by directly measuring the impact of marriage on productivity using a sample of professional baseball players from 1871 - 2007. Our results show that only lower ability men see an increase in productivity, though this result is sensitive to the empirical specification and weakly significant. In addition, despite the lack of any effect on productivity, high ability married players earn roughly 16 - 20 percent more than their single counterparts. We discuss possible reasons why employers may favor married men.Productivity, wage gap, marriage, and baseball

Mars Encounters cause fresh surfaces on some near-Earth asteroids

All airless bodies are subject to the space environment, and spectral differences between asteroids and meteorites suggest many asteroids become weathered on very short (<1My) timescales. The spectra of some asteroids, particularly Q-types, indicate surfaces that appear young and fresh, implying they have been recently been exposed. Previous work found that Earth encounters were the dominant freshening mechanism and could be responsible for all near-Earth object (NEO) Q-types. In this work we increase the known NEO Q-type sample of by a factor of three. We present the orbital distributions of 64 Q-type near-Earth asteroids, and seek to determine the dominant mechanisms for refreshing their surfaces. Our sample reveals two important results: i) the relatively steady fraction of Q-types with increasing semi-major axis and ii) the existence of Q-type near-Earth asteroids with Minimum Orbit Intersection Distances (MOID) that do not have orbit solutions that cross Earth. Both of these are evidence that Earth-crossing is not the only scenario by which NEO Q-types are freshened. The high Earth-MOID asteroids represent 10% of the Q-type population and all are in Amor orbits. While surface refreshing could also be caused by Main Belt collisions or mass shedding from YORP spinup, all high Earth-MOID Q-types have the possibility of encounters with Mars indicating Mars could be responsible for a significant fraction of NEOs with fresh surfaces.Comment: Accepted for publication in Icarus -- 14 pages, 8 figures, 1 table, 2 appendice

College Students’ Personality Traits in Relation to Career Readiness

This study examined sixty-one Gettysburg College juniors and seniors (31 males, 30 females) to measure how the Big Five personality traits, and whether a student has Type D characteristics, determines if a student is career ready. We collected data through an in-person survey, with questions about personality traits, ambition, career readiness, and demographics. Regression was used to statistically analyze our first hypothesis. The results found that there is a significant positive association between conscientiousness and career readiness, but there is no significant association between extraversion and career readiness. For the second hypothesis, a mediation model was used. We found that ambition is not a mediator between Type D personality characteristics and career readiness. However, there is a significant positive association between Type D personality traits and career readiness. We explored whether gender plays a role in ambition responses. We concluded that there were no significant differences between males and females

Spectral properties of near-Earth and Mars-crossing asteroids using Sloan photometry

The nature and origin of the asteroids orbiting in near-Earth space, including those on a potentially hazardous trajectory, is of both scientific interest and practical importance. We aim here at determining the taxonomy of a large sample of near-Earth (NEA) and Mars-crosser (MC) asteroids and analyze the distribution of these classes with orbit. We use this distribution to identify their source regions and to study the strength of planetary encounters to refresh asteroid surfaces. We measure the photometry of these asteroids over four filters at visible wavelengths on images taken by the SDSS. These colors are used to classify the asteroids into a taxonomy consistent with the widely used Bus-DeMeo taxonomy based on spectroscopy. We report here on the taxonomic classification of 206 NEAs and 776 MCs determined from SDSS photometry, representing an increase of 40% and 663% of known taxonomy classifications in these populations. Using the source region mapper by Greenstreet et al. (2012), we compare the taxonomic distribution among NEAs and main-belt asteroids of similar diameters. Both distributions agree at the few percent level for the inner part of the Main Belt and we confirm this region as a main source of near-Earth objects. The effect of planetary encounters on asteroid surfaces are also studied by developing a simple model of forces acting on a surface grain during planetary encounter, which provides the minimum distance at which a close approach should occur to trigger resurfacing events. By integrating numerically the orbit of the 519 S-type and 46 Q-type asteroids back in time and monitoring their encounter distance with planets, we seek to understand the conditions for resurfacing events. The population of Q-type is found to present statistically more encounters with Venus and the Earth than S-types, although both types present the same amount of encounters with Mars.Comment: Accepted for publication in Icarus. 45 pages, 11 figures, 4 tables, 2 tables in appendix (supplementary material

A wavelet-based method to measure the toroidal mode number of ELMs

The high confinement mode regime (H-mode) in tokamaks is accompanied by the occurrence of burst of MHD activity at the plasma edge, so-called edge localized modes (ELMs). Because of the short time scales involved in the ELM crash (on JET typically 0.2 ms), standard Fourier analysis can hardly be used to extract their toroidal mode number. On the other hand, the assessment of linear stability of ELMs with the ion drift effects included, makes the identification of their toroidal mode numbers an important issue, while an accurate comparison with the theory of nonlinear evolution of ELMs requires the knowledge of the nonlinear spectrum. Compared to Fourier analysis, wavelets are suitable to study transient events on time scales comparable to the wave period. Spectral analysis based on sinusoidal wavelet functions has been applied to study the spectral properties of magnetic perturbations associated with ELMs and with their precursors, in JET plasmas with toroidal rotation driven by unbalanced NBI. It is shown that, combining wavelet analysis with statistical two-point correlation techniques, it is possible to get information on the toroidal mode number structure of magnetic perturbations during the phases that immediately precede the ELM and during the ELM crash itself