Explaining China\u27s Legal Flexibility: History and the Institutional Imperative

China’s legal system appears to harbor a major tension, or even a paradox. Certainty in law facilitates economic progress, which most observers agree the Communist Party requires to maintain its power—yet the Party has opted for a flexible legal system that often impedes predictability. Prior studies explain China’s legal system as a product of certain constraints and as an expedient that allows for policy adjustments. These factors undoubtedly are at work but do not fully explain the rationale for a legal design seemingly at odds with the Party’s economic goals. To obtain a fuller view, it is necessary to consult the historical circumstances in which the designers of China’s legal system were embedded. This Paper argues that the Party’s reformers achieved a percipient historical insight: the Party would require an ongoing competitive advantage in institutional entrepreneurship to survive after Mao. Moreover, the reformers understood this competency to embody not only the substance of policy, but also, crucially, the Party’s institutional stewardship. Of its many advantages, flexible law reinforces the Party’s dominance in institutional entrepreneurship, enabling the Party to impede rival entrepreneurs without disrupting the broader economic frameworks in place. Institutions with strategic functions emerge and viewed thusly, the economic tradeoffs inherent in China’s flexible laws are not the paradox that they seem. The Paper briefly considers the implications of this historical context for multinationals’ strategies in China and for states’ strategic uses of flexibility in international legal institutions

Reanimating the States’ Single Subject Jurisprudence: A New Constitutional Test

Most states’ courts do not rigorously enforce the single subject rule contained in their constitutions. This paper first argues that the courts should immediately dispense with the common law doctrines frustrating the rule’s enforcement. The paper then proposes a framework—a new constitutional test by which single subject challenges should be evaluated. The proposed framework is grounded in the intent of the rule’s framers and ratifiers

The effect of a seven-week exercise program on golf swing performance and musculoskeletal measures

As most golf exercise studies have shown improved golf performance as a result of two or three sessions per week, the present study investigated the effects of a supervised exercise session performed once a week for seven weeks on golf swing variables and musculoskeletal screening measures. Professional Golfers Association of Australia International Golf Institute student golfers (n ¼ 43) with a mean standard deviation handicap of 8.6 8.3 participated in the study. Each golfer performed 10 musculoskeletal tests and a standardised 60-shot golf performance test (TrackMan, Vedbaek, Denmark) on separate days before and after the seven-week program. Significant improvements in a number of musculoskeletal tests (i.e. left leg bridging (6.6%), thoracic extension (62.5%), right thoracic rotation (23.3%), and right (20.8%) and left single leg squat (29.1%)) were observed (all p 0.024); however, no significant differences were observed for any golf swing variables. Future research investigating different training protocols may help to determine whether the type or frequency of training has the greatest influence on golf swing performance

Electron Beam Induced Luminescence of SiO2 Optical Coatings

Optical coatings of disordered thin film SiO2/SiOx dielectric samples on reflective metal substrates exhibited cathodoluminescence under electron beam irradiation. Measurements of the absolute radiance and emission spectra as functions of incident electron energy, flux and power over a range of sample temperatures are reported. Radiance reached a saturation plateau at high incident electron power. Well below saturation radiance scaled with deposited power, that is linearly with incident power for lower-energy non-penetrating electrons and decreasing with increasing energy for penetrating radiation. Four bands were observed in spectral measurements from 300 nm to 1000 nm. Changes in peak intensity and shifts in peak energies as functions of temperature are described. The observations are explained in terms of a simple disordered band theory model and the transitions that take place between electrons in extended conduction states and localized trapped states associated with structural or compositional defects in the highly disordered insulating materials; this provides a fundamental basis for understanding the dependence of cathodoluminescence on irradiation time, incident flux and energy, and sample thickness and temperature

Membrane geometry with auxiliary variables and quadratic constraints

Consider a surface described by a Hamiltonian which depends only on the metric and extrinsic curvature induced on the surface. The metric and the curvature, along with the basis vectors which connect them to the embedding functions defining the surface, are introduced as auxiliary variables by adding appropriate constraints, all of them quadratic. The response of the Hamiltonian to a deformation in each of the variables is examined and the relationship between the multipliers implementing the constraints and the conserved stress tensor of the theory established.Comment: 8 page

Mismatch repair causes the dynamic release of an essential DNA polymerase from the replication fork

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/86887/1/MMI_7841_sm_SuppInfor.pdfhttp://deepblue.lib.umich.edu/bitstream/2027.42/86887/2/j.1365-2958.2011.07841.x.pd

Mid-Infrared Properties of Luminous Infrared Galaxies II: Probing the Dust and Gas Physics of the GOALS Sample

The Great Observatories All-Sky LIRG Survey (GOALS) is a comprehensive, multiwavelength study of luminous infrared galaxies (LIRGs) in the local universe. Here we present the results of a multi-component, spectral decomposition analysis of the low resolution mid-IR Spitzer IRS spectra from 5-38um of 244 LIRG nuclei. The detailed fits and high quality spectra allow for characterization of the individual PAH features, warm molecular hydrogen emission, and optical depths for silicate dust grains and water ices. We find that starbursting LIRGs, which make up the majority of GOALS, are very consistent in their MIR properties (i.e. tau_9.7um, tau_ice, neon line and PAH feature ratios). However, as their PAH EQW decreases, usually an indicator of an increasingly dominant AGN, LIRGs cover a larger spread in these MIR parameters. The contribution from PAHs to the total L(IR) in LIRGs varies from 2-29% and LIRGs prior to their first encounter show higher L(PAH)/L(IR) ratios on average. We observe a correlation between the strength of the starburst (IR8) and the PAH fraction at 8um but not with the 7.7 to 11.3 PAH ratio, suggesting the fractional PDR emission, and not the overall grain properties, is associated with the rise in IR8 for galaxies off the starburst main sequence. We detect crystalline silicate features in 6% of the sample but only in the most obscured sources (s_9.7um < -1.24). Ice absorption features are observed in 11% (56%) of GOALS LIRGs (ULIRGs). Most GOALS LIRGs have L(H2)/L(PAH) ratios elevated above those observed for normal star-forming galaxies and exhibit a trend for increasing L(H2)/L(PAH) ratio with increasing L(H2). While star formation appears to be the dominant process responsible for exciting the H2 in most of the GOALS galaxies, a subset of LIRGs (10%) show excess H2 emission that is inconsistent with PDR models and may be excited by shocks or AGN-induced outflows.Comment: 21 pages with 20 figures plus 2 table

Helfrich-Canham bending energy as a constrained non-linear sigma model

The Helfrich-Canham bending energy is identified with a non-linear sigma model for a unit vector. The identification, however, is dependent on one additional constraint: that the unit vector be constrained to lie orthogonal to the surface. The presence of this constraint adds a source to the divergence of the stress tensor for this vector so that it is not conserved. The stress tensor which is conserved is identified and its conservation shown to reproduce the correct shape equation.Comment: 5 page