Agency Coordination in Shared Regulatory Space

This Article argues that inter-agency coordination is one of the great challenges of modern governance. It explains why lawmakers frequently assign overlapping and fragmented delegations that require agencies to share regulatory space, why these delegations are so pervasive and stubborn, and why consolidating or eliminating agency functions will not solve the problems they create. The Article describes a variety of tools that Congress, the President and the agencies can use to manage coordination challenges effectively, including agency interaction requirements, formal inter-agency agreements, and joint policymaking. The Article assesses the relative costs and benefits of these coordination tools, using the normative criteria of efficiency, effectiveness and accountability, and concludes that the benefits of coordination will frequently justify its costs. To varying extents, these instruments can reduce regulatory costs for both government and the private sector, improve expertise, and ameliorate the risk of bureaucratic drift without compromising transparency. Coordination can also help to preserve the functional aspects of shared or overlapping authority, which include promoting inter-agency competition and accountability, while minimizing its dysfunctions in terms of discordant policy. While burdensome, shared regulatory space should also provide an important opportunity for the President to extend his reach. The Article argues that the President is uniquely positioned and motivated to manage the problems of shared regulatory space, and that coordination tools afford him the chance to put his stamp on policy. The Article recommends a comprehensive executive branch effort to promote stronger inter-agency coordination and improve coordination instruments. Of course, any presidential exercise of centralized supervision must operate within legal bounds, and often will be politically contentious. On balance, however, presidential leadership will be crucial to managing the serious coordination challenges presented by modern governance, and existing political and legal checks on potential overreach are sufficient to manage any conflicts with Congress. The Article concludes by exploring the implications of enhanced inter-agency coordination for judicial review. Courts might adjust standards of review to promote coordination, but even under existing standards of review policy decisions arrived at through strong inter-agency coordination likely will attract greater deference. The Article shows that greater coordination is relatively unlikely to impact the outcome of the Chevron inquiry for reviewing agency legal interpretations. Yet it also suggests some minor doctrinal adjustments that could lead to greater deference where agencies use certain coordination instruments to adopt shared legal interpretations. The larger conceptual purpose of the Article is to draw attention to the phenomenon of shared regulatory space and highlight the pressing need for inter-agency coordination as a response. It invites scholars and practitioners to focus on inter-agency dynamics, which requires a departure from the single-agency focus that has traditionally been so central to administrative law

Aboriginal Education in Winnipeg Inner City High Schools

This study investigates "the educational circumstances of Aboriginal students in Winnipeg inner city high schools... Responses by Aboriginal people to our questions about their experiences in school reveal the existence of what we have identified as a cultural/class/experiential divide between Aboriginal students and their families on the one hand, and the school system on the other. The life experiences and cultural values of many Aboriginal students and their families differ significantly from what they experience in the schools, which are run largely by non-Aboriginal, middle class people for the purpose of advancing the values of the dominant culture. The educational system marginalizes Aboriginal students, does not adequately reflect their cultural values and their daily realities, and feels alien to many Aboriginal people... The face that schools present to Aboriginal students is decidedly non-Aboriginal: for example, there are few Aboriginal teachers, and little Aboriginal content in the curriculum. The evidence that we have gathered suggests to us that Aboriginal people want the education that is needed to enable them to participate fully in Canadian society and in their own self-governance, but they do not want to abandon what it is to be Aboriginal in order to do so. What Aboriginal people have said to us about the educational system is not that Aboriginal people should be forced to change in order to fit into and ‘succeed’ in school—this is what the residential schools attempted, unsuccessfully, to do—but rather that schools and the educational system generally need to change in order to better reflect the rapidly changing demographic and cultural realities of our community

Chlorpyrifos Accumulation Patterns for Child-Accessible Surfaces and Objects and Urinary Metabolite Excretion by Children for 2 Weeks after Crack-and-Crevice Application

The Children’s Post-Pesticide Application Exposure Study (CPPAES) was conducted to look at the distribution of chlorpyrifos within a home environment for 2 weeks after a routine professional crack-and-crevice application and to determine the amount of the chlorpyrifos that is absorbed by a child living within the home. Ten residential homes with a 2- to 5-year-old child in each were selected for study, and the homes were treated with chlorpyrifos. Pesticide measurements were made from the indoor air, indoor surfaces, and plush toys. In addition, periodic morning urine samples were collected from each of the children throughout the 2-week period. We analyzed the urine samples for 3,5,6-trichloropyridinol, the primary urinary metabolite of chlorpyrifos, and used the results to estimate the children’s absorbed dose. Average chlorpyrifos levels in the indoor air and surfaces were 26 (pretreatment)/120 (posttreatment) ng/m(3) and 0.48 (pretreatment)/2.8 (posttreatment) ng/cm(2), respectively, reaching peak levels between days 0 and 2; subsequently, concentrations decreased throughout the 2-week period. Chlorpyrifos in/on the plush toys ranged from 7.3 to 1,949 ng/toy postapplication, with concentrations increasing throughout the 2-week period, demonstrating a cumulative adsorption/absorption process indoors. The daily amount of chlorpyrifos estimated to be absorbed by the CPPAES children postapplication ranged from 0.04 to 4.8 μg/kg/day. During the 2 weeks after the crack-and-crevice application, there was no significant increase in the amount of chlorpyrifos absorbed by the CPPAES children

Enhancing Relaxed Performance: Evaluating an Autism Arts Festival

‘Relaxed performances’ allow spectators to enjoy a non-judgmental environment in the theatre, where they can talk or move around, along with other adjustments to make them more accessible to a range of audiences including those on the autistic spectrum. Typical accommodations include reduced intensity of lighting and sound, provision of visual stories to familiarise spectators with the venue and production, and trained staff available to assist visitors. This paper will evaluate the Autism Arts Festival, an attempt to develop the idea of a relaxed performance further to create an entirely autism-friendly festival in Canterbury, UK. We developed a suite of features to make the festival more accessible, and whilst audience response indicates that no single one was used by all audience members, the suite as a whole was nevertheless effective at increasing the accessibility of the festival. Moreover, discussions with the performers indicate that the festival, as an ‘autistic space’, was conducive of both a sense of community solidarity and engagement with the politics of neurodiversity

Wòch nan solèy

41 pages ; 22 c

Traka yon kretyen pandan vwayaj li : adaptasyon liv “Pilgrim’s Progress" / John Bunyan

91 pages : illustrations ; 22 c

Mwen renmen yon jenn gason : yon korespondans konfidansyèl

Twazyèm parèt 73 p. : ill. ; 22 c

Biochar Supplementation in Growing and Finishing Diets

Two metabolism studies were conducted to evaluate the effects of biochar (0, 0.8, or 3% of diet dry matter) on digestibility and methane production in growing and finishing diets. Intake was not affected by biochar inclusion in the growing diet and increased with 0.8% biochar inclusion in the finishing study. Digestibility tended to increase quadratically with biochar inclusion in the growing study while digestibility tended to linearly decrease with biochar inclusion in the finishing study. Methane production (g/d) decreased 10.7% in the growing study and 9.9% in the finishing study with 0.8% biochar compared to no biochar. Methane production was reduced 10.6% and 18.4% in the growing and finishing studies, respectively, when measured as g/lb of intake. Although biochar is not FDA approved for animal feeding, the initial research shows potential as a methane mitigation strategy in both growing and finishing diets