Mr. Try-It Goes to Washington: Law and Policy at the Agricultural Adjustment Administration

In December 1933, Jerome Frank, the general counsel of the Agricultural Adjustment Administration but better for writing Law and the Modern Mind (1930), a sensational attack on legal formalism, told an audience at the Association of American Law Schools a parable about two lawyers in the New Deal, each forced to interpret same, ambiguous statutory language. The first lawyer, “Mr. Absolute,” reasoned from the text and canons of statutory interpretation without regard for the desirability of the outcome. “Mr. Try-It,” in contrast, began with the outcome he thought desirable. He then said to himself, “The administration is for it, and justifiably so. It is obviously in line with the general intention of Congress as shown by legislative history. The statute is ambiguous. Let us work out an argument, if possible, so to construe the statute as to validate this important program.” Although the memoranda the two produced were interchangeable, Mr. Try-It wrote his in a fifth the time. Although the professors in attendance might have nodded approvingly, Frank’s speech, later printed in the Congressional Record, was startlingly impolitic in its muddying of a distinction between law and policy that he insisted upon when battling administrators over the terms of marketing agreements for agricultural commodities. How Frank actually drew the line owed less to his legal realist jurisprudence that the persuasiveness of his two associate general counsels, the radicals Lee Pressman and Alger Hiss

The Shallow State: The Federal Communications Commission and the New Deal

American lawyers and law professors commonly turn to the New Deal for insights into the law and politics of today’s administrative state. Usually, they have looked to agencies created in the 1930s that became the foundation of the postwar political order. Some have celebrated these agencies; others have deplored them as the core of an elitist, antidemocratic Deep State. This article takes a different tack by studying the Federal Communications Commission, an agency created before the New Deal. For most of Franklin D. Roosevelt’s first two presidential terms, the FCC languished within the “Shallow State,” bossed about by patronage-seeking politicians, network lobbyists, and the radio bar. When Roosevelt finally let a network of lawyers in his administration try to clean up the agency, their success or failure turned on whether it could hire the kind of young, smart, hard-working lawyers who had at other agencies proven themselves to be the “shock troops of the New Deal.” Only after James Lawrence Fly, formerly general counsel of the Tennessee Valley Authority, became chairman and hired lawyers like himself did the FCC set sail. It cleaned up its licensing of radio stations and addressed monopoly power in the industry without becoming the tool of an authoritarian president or exceeding its legislative and political mandates

Willard Hurst and the Administrative State: From Williams to Wisconsin

This article follows Willard Hurst from his undergraduate days at Williams College through the start of his teaching career at Wisconsin in the fall of 1937. During these years Hurst acquired an abiding interest in the rise of the administrative state as well as some of the insights he would use to account for it in his mature work. For the most part, the article proceeds chronologically through four episodes in Hurst\u27s training: (1) his year-long study of Charles and Mary Beard\u27s Rise of American Civilization undertaken as an undergraduate at Williams College; (2) his three years as a student at the Harvard Law School; (3) his research fellowship with Felix Frankfurter during the 1935-36 academic year; and (4) his service as legal secretary to Louis D. Brandeis during the October 1936 Term of the U.S. Supreme Court. The first and third episodes inclined Hurst to see history less as an aid to the judicial interpretation of precedents, statutes, and constitutions than as a way to divine where the state should strike the balance of power in regulating the American economy and society. The second and fourth episodes show that Hurst embraced the Legal Realists\u27 skepticism toward judge-made law, but also went beyond them to address that large field of present human activity ... governed not alone by court decisions and statutes, but by administrative regulations and decisions. More enthusiastically than his mentors Frankfurter and Brandeis, Hurst accepted the growth of unreviewable discretion by administrators, and he was quicker to accord the regulations, rulings and decisions of administrative agencies the same status as judge-made law. Each of the four episodes contributed something to Hurst\u27s mature understanding of the Rule of Law in the new American state, but their lessons did not add up to a complete answer. His experiences of the late 1930s and 1940s taught him new lessons and gave him cause to discard or rework what he had already learned. A complete account of the origins of Hurst\u27s mature work would have to address his activities as a law professor before Pearl Harbor, his service in Washington\u27s wartime bureaucracies, and his period of study under a Demobilization Grant of the Social Science Research Council. Even so, a study of Hurst\u27s education and apprenticeships is enough to suggest how much his social history of American law owed to the political history of his young adulthood

Coherence freeze in an optical lattice investigated via pump-probe spectroscopy

Motivated by our observation of fast echo decay and a surprising coherence freeze, we have developed a pump-probe spectroscopy technique for vibrational states of ultracold $^{85}$Rb atoms in an optical lattice to gain information about the memory dynamics of the system. We use pump-probe spectroscopy to monitor the time-dependent changes of frequencies experienced by atoms and to characterize the probability distribution of these frequency trajectories. We show that the inferred distribution, unlike a naive microscopic model of the lattice, correctly predicts the main features of the observed echo decay.Comment: 4 pages, 5 figure

Structural variation of proterozoic dikes in central Superior Province: A possible reflection of post-Archean shield deformation

Preliminary work is reported on the use of two structural parameters, dike dip and thickness, as possible depth-of-exposure indicators in the Central Superior Province. The data demonstrate systematic variations in the dip and thickness of 2.6 and 1.14 Ga. dikes across the Central Superior Province and are tentatively interpreted to result from post intrusion deformation. Combination of these results with additional structural and paleomagnetic data from dikes of all gas may permit detailed mapping both spatially and temporally of crustal deformation in this part of the Canadian Shield. Although dike dip and thickness data apparently reflect crustal exposure level as given by host rock metamorphic grade (ranging from subgreenschist to granulite), these post-orogenic dikes themselves are at most only weakly metamorphosed. This requires that regional isotherms dropped dramatically after the Kenoran orogeny (2.65 Ga.) and prior to emplacement of the earlist post-orogenic swarm (Matachewan-Hearst) at 2.6 Ga

Extension of Haff's cooling law in granular flows

The total energy E(t) in a fluid of inelastic particles is dissipated through inelastic collisions. When such systems are prepared in a homogeneous initial state and evolve undriven, E(t) decays initially as t^{-2} \aprox exp[ - 2\epsilon \tau] (known as Haff's law), where \tau is the average number of collisions suffered by a particle within time t, and \epsilon=1-\alpha^2 measures the degree of inelasticity, with \alpha the coefficient of normal restitution. This decay law is extended for large times to E(t) \aprox \tau^{-d/2} in d-dimensions, far into the nonlinear clustering regime. The theoretical predictions are quantitatively confirmed by computer simulations, and holds for small to moderate inelasticities with 0.6< \alpha< 1.Comment: 7 pages, 4 PostScript figures. To be published in Europhysics Letter