Distinguishing the “Truly National” From the “Truly Local”: Customary Allocation, Commercial Activity, and Collective Action

This Essay makes two claims about different methods of defining the expanse and limits of the Commerce Clause. My first claim is that approaches that privilege traditional subjects of state regulation are unworkable and undesirable. These approaches are unworkable in light of the frequency with which the federal government and the states regulate the same subject matter in our world of largely overlapping federal and state legislative jurisdiction. The approaches are undesirable because the question of customary allocation is unrelated to the principal reason why Congress possesses the power to regulate interstate commerce: solving collective action problems involving multiple states. These problems are evident in the way that some federal judges invoked regulatory custom in litigation over the constitutionality of the minimum coverage provision in the Patient Protection and Affordable Care Act. The areas of health insurance and health care are not of exclusive state concern, and it is impossible to lose—or to win—a competition requiring skillful lawyers or judges to describe them as more state than federal, or more federal than state. Nor is it most important what the answer is. More promising are the approaches that view congressional authority as turning on either commercial activity or collective action problems facing the states. My second claim is that these two approaches have advantages and disadvantages, and that the choice between them exemplifies the more general tension between applying rules and applying their background justifications. I have previously defended a collective action approach to Article I, Section 8. My primary purpose in this Essay is to clarify the jurisprudential stakes in adopting one method or the other and to identify the problems that advocates of each approach must address

Ten years of Brazilian ballast water management

In 2005, Brazil addressed the environmental challenges posed by ballast water through a unilateral regulation, called the Maritime Standard N° 20 (NORMAM-20), applied to all shipping in her waters. This world-leading decision was the culmination of a process that started during the 1990′s. Here, we summarize how these ballast water regulations were brought in and adopted and present the findings of 10 years of enforcement (2005–2015) in 39 ports along the Brazilian coast. We show that compliance with the Brazilian standard has increased significantly since the regulations were implemented (p < 0.001). After five years of implementation, non-compliance decreased probably reflecting an increase in awareness of the Brazilian Standard and a shift in the shipping industry commitment to minimize and control the spread of invasive species through ballast water. The Brazilian experience shows that very high levels (97%) of compliance with ballast water management regulations can be made to work in a region of global importance to the maritime industry. In the last decade, the rules governing ballast water in Brazil have evolved to address the demands from the maritime community and to provide updates such as imminent requirements for the use of ballast water management systems on board ships. These regulations are rarely cited when ballast water regulations are discussed internationally, yet there is much to learn from the proactive approach taken by Brazil such as what is feasible and enforceable

Penetrance and expressivity of mitochondrial variants in a large clinically unselected population

\ua9 The Author(s) 2023. Published by Oxford University Press. Whole genome sequencing (WGS) from large clinically unselected cohorts provides a unique opportunity to assess the penetrance and expressivity of rare and/or known pathogenic mitochondrial variants in population. Using WGS from 179 862 clinically unselected individuals from the UK Biobank, we performed extensive single and rare variant aggregation association analyses of 15 881 mtDNA variants and 73 known pathogenic variants with 15 mitochondrial disease-relevant phenotypes. We identified 12 homoplasmic and one heteroplasmic variant (m.3243A&gt;G) with genome-wide significant associations in our clinically unselected cohort. Heteroplasmic m.3243A&gt;G (MAF = 0.0002, a known pathogenic variant) was associated with diabetes, deafness and heart failure and 12 homoplasmic variants increased aspartate aminotransferase levels including three low-frequency variants (MAF ~0.002 and beta~0.3 SD). Most pathogenic mitochondrial disease variants (n = 66/74) were rare in the population (&lt;1:9000). Aggregated or single variant analysis of pathogenic variants showed low penetrance in unselected settings for the relevant phenotypes, except m.3243A&gt;G. Multi-system disease risk and penetrance of diabetes, deafness and heart failure greatly increased with m.3243A&gt;G level ≥ 10%. The odds ratio of these traits increased from 5.61, 12.3 and 10.1 to 25.1, 55.0 and 39.5, respectively. Diabetes risk with m.3243A&gt;G was further influenced by type 2 diabetes genetic risk. Our study of mitochondrial variation in a large-unselected population identified novel associations and demonstrated that pathogenic mitochondrial variants have lower penetrance in clinically unselected settings. m.3243A&gt;G was an exception at higher heteroplasmy showing a significant impact on health making it a good candidate for incidental reporting

Coherent Moving States in Highway Traffic (Originally: Moving Like a Solid Block)

Recent advances in multiagent simulations have made possible the study of realistic traffic patterns and allow to test theories based on driver behaviour. Such simulations also display various empirical features of traffic flows, and are used to design traffic controls that maximise the throughput of vehicles in heavily transited highways. In addition to its intrinsic economic value, vehicular traffic is of interest because it may throw light on some social phenomena where diverse individuals competitively try to maximise their own utilities under certain constraints. In this paper, we present simulation results that point to the existence of cooperative, coherent states arising from competitive interactions that lead to a new phenomenon in heterogeneous highway traffic. As the density of vehicles increases, their interactions cause a transition into a highly correlated state in which all vehicles practically move with the same speed, analogous to the motion of a solid block. This state is associated with a reduced lane changing rate and a safe, high and stable flow. It disappears as the vehicle density exceeds a critical value. The effect is observed in recent evaluations of Dutch traffic data.Comment: Submitted on April 21, 1998. For related work see http://www.theo2.physik.uni-stuttgart.de/helbing.html and http://www.parc.xerox.com/dynamics

Effects of ocean acidification on invertebrate settlement at volcanic CO<inf>2</inf> vents

We present the first study of the effects of ocean acidification on settlement of benthic invertebrates and microfauna. Artificial collectors were placed for 1 month along pH gradients at CO2 vents off Ischia (Tyrrhenian Sea, Italy). Seventy-nine taxa were identified from six main taxonomic groups (foraminiferans, nematodes, polychaetes, molluscs, crustaceans and chaetognaths). Calcareous foraminiferans, serpulid polychaetes, gastropods and bivalves showed highly significant reductions in recruitment to the collectors as pCO2 rose from normal (336-341 ppm, pH 8.09-8.15) to high levels (886-5,148 ppm) causing acidified conditions near the vents (pH 7.08-7.79). Only the syllid polychaete Syllis prolifera had higher abundances at the most acidified station, although a wide range of polychaetes and small crustaceans was able to settle and survive under these conditions. A few taxa (Amphiglena mediterranea, Leptochelia dubia, Caprella acanthifera) were particularly abundant at stations acidified by intermediate amounts of CO2 (pH 7. 41-7.99). These results show that increased levels of CO2 can profoundly affect the settlement of a wide range of benthic organisms. © 2010 Springer-Verlag

Fake people, real effects : the presence of virtual onlookers can impair performance and learning

Can effects of social influence be elicited in virtual contexts, and if so, under which conditions can they be observed? Answering these questions has theoretical merit, as the answers can help broaden our understanding of the interaction mechanisms described by social psychology. The increasing popularity of immersive media in training applications, however, has made these questions of practical significance. Virtual reality (VR), in particular, is a weapon of choice in designing training and education simulations, as it can be used to generate highly realistic characters and environments. As a consequence, it is key to understand under which circumstances virtual ‘others’ can facilitate or impede performance and – especially – learning. In this study, we investigated the impact of virtual onlookers on an adapted Serial Reaction Time (SRT) task that was presented in VR. In each trial, participants responded to a series of spherical stimuli by tapping them with handheld controllers when they lit up. Depending on the experiment block, the sequence order was either the permutation of a fixed order (and therefore predictable given the first stimulus), or fully random (and therefore unpredictable). Participants were divided into three groups (audience variable), depending on the environment in which the task was set: a group without onlookers (none condition), a group with a computer-generated audience (CGI condition), and a group being watched by a prerecorded audience (filmed condition). Results showed that the presence of a virtual audience can hamper both overall performance and learning, particularly when the audience appears more realistic. This study further reinforces the notion that the effects of social influence transcend the physical presence of others, but rather extend to virtual audiences

Planck Scale Boundary Conditions and the Higgs Mass

If the LHC does only find a Higgs boson in the low mass region and no other new physics, then one should reconsider scenarios where the Standard Model with three right-handed neutrinos is valid up to Planck scale. We assume in this spirit that the Standard Model couplings are remnants of quantum gravity which implies certain generic boundary conditions for the Higgs quartic coupling at Planck scale. This leads to Higgs mass predictions at the electroweak scale via renormalization group equations. We find that several physically well motivated conditions yield a range of Higgs masses from 127-142 GeV. We also argue that a random quartic Higgs coupling at the Planck scale favors M_H > 150 GeV, which is clearly excluded. We discuss also the prospects for differentiating different boundary conditions imposed for \lambda(M_{pl}) at the LHC. A striking example is M_H = 127\pm 5 GeV corresponding to \lambda(M_{pl})=0, which would imply that the quartic Higgs coupling at the electroweak scale is entirely radiatively generated.Comment: 12 pages, 5 figures; references added and other minor improvements, matches version published in JHE

Multi-Scalar-Singlet Extension of the Standard Model - the Case for Dark Matter and an Invisible Higgs Boson

We consider a simple extension of the Standard Model by the addition of N real scalar gauge singlets \vp that are candidates for Dark Matter. By collecting theoretical and experimental constraints we determine the space of allowed parameters of the model. The possibility of ameliorating the little hierarchy problem within the multi-singlet model is discussed. The Spergel-Steinhardt solution of the Dark Matter density cusp problem is revisited. It is shown that fitting the recent CRESST-II data for Dark Matter nucleus scattering implies that the standard Higgs boson decays predominantly into pairs of Dark Matter scalars. It that case discovery of the Higgs boson at LHC and Tevatron is impossible. The most likely mass of the dark scalars is in the range 15 GeV \lsim \mvp \lsim 50 GeV with BR(h \to \vp\vp) up to 96%.Comment: 18 pages, 15 figure

Family Planning Decisions, Perceptions and Gender Dynamics among Couples in Mwanza, Tanzania: A Qualitative Study.

Contraceptive use is low in developing countries which are still largely driven by male dominated culture and patriarchal values. This study explored family planning (FP) decisions, perceptions and gender dynamics among couples in Mwanza region of Tanzania. Twelve focus group discussions and six in-depth interviews were used to collect information from married or cohabiting males and females aged 18-49. The participants were purposively selected. Qualitative methods were used to explore family planning decisions, perceptions and gender dynamics among couples. A guide with questions related to family planning perceptions, decisions and gender dynamics was used. The discussions and interviews were tape-recorded, transcribed verbatim and analyzed manually and subjected to content analysis. Four themes emerged during the study. First, "risks and costs" which refer to the side effects of FP methods and the treatment of side -effects as well as the costs inherit in being labeled as an unfaithful spouse. Second, "male involvement" as men showed little interest in participating in family planning issues. However, the same men were mentioned as key decision-makers even on the number of children a couple should have and the child spacing of these children. Third, "gender relations and communication" as participants indicated that few women participated in decision-making on family planning and the number of children to have. Fourth, "urban-rural differences", life in rural favoring having more children than urban areas therefore, the value of children depended on the place of residence. Family Planning programs should adapt the promotion of communication as well as joint decision-making on FP among couples as a strategy aimed at enhancing FP use