Administrative Law\u27s Political Dynamics

Over thirty years ago, the Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. commanded courts to uphold federal agency interpretations of ambiguous statutes as long as those interpretations are reasonable. This Chevron deference doctrine was based in part on the Court\u27s desire to temper administrative law\u27s political dynamics by vesting federal agencies, not courts, with primary authority to make policy judgments about ambiguous laws Congresscharged the agencies to administer. Despite this express objective, scholars such as Frank Cross, Emerson Tiller, and Cass Sunstein have empirically documented how politics influence circuit court review of agency statutory interpretations in a post-Chevron world. Among other .things, they have reported whistleblower and panel effects, in that ideologically diverse panels are less likely to be influenced by their partisan priors than ideologically uniform panels. Leveraging the most comprehensive dataset to date on Chevron deference in the circuit courts (more than 1,600 cases over eleven years), this Article explores administrative law\u27s political dynamics. Contrary to prior, more limited studies, we find that legal doctrine (i.e., Chevron deference) has a powerful constraining effect on partisanship in judicial decisionmaking. To be sure, we still find some statistically significant results as to partisan influence. But the overall picture provides compelling evidence that the Chevron Court\u27s objective to reduce partisan judicial decisionmaking has been quite effective. Also contrary to prior studies, we find no statistically significant whistleblower or panel effects. These findings have important implications for the current debate over the future of Chevron deference. Our findings identify a significant, overlooked cost of eliminating or narrowing Chevron deference: such reform could result in partisanship playing a larger role in judicial review of agency statutory interpretation

M–M Bond-Stretching Energy Landscapes for M_2(dimen)_(4)^(2+) (M = Rh, Ir; dimen = 1,8-Diisocyanomenthane) Complexes

Isomers of Ir_2(dimen)_(4)^(2+) (dimen = 1,8-diisocyanomenthane) exhibit different Ir–Ir bond distances in a 2:1 MTHF/EtCN solution (MTHF = 2-methyltetrahydrofuran). Variable-temperature absorption data suggest that the isomer with the shorter Ir–Ir distance is favored at room temperature [K = ~8; ΔH° = −0.8 kcal/mol; ΔS° = 1.44 cal mol^(–1) K^(–1)]. We report calculations that shed light on M_2(dimen)_(4)^(2+) (M = Rh, Ir) structural differences: (1) metal–metal interaction favors short distances; (2) ligand deformational-strain energy favors long distances; (3) out-of-plane (A_(2u)) distortion promotes twisting of the ligand backbone at short metal–metal separations. Calculated potential-energy surfaces reveal a double minimum for Ir_2(dimen)_(4)^(2+) (4.1 Å Ir–Ir with 0° twist angle and ~3.6 Å Ir–Ir with ±12° twist angle) but not for the rhodium analogue (4.5 Å Rh–Rh with no twisting). Because both the ligand strain and A_(2u) distortional energy are virtually identical for the two complexes, the strength of the metal–metal interaction is the determining factor. On the basis of the magnitude of this interaction, we obtain the following results: (1) a single-minimum (along the Ir–Ir coordinate), harmonic potential-energy surface for the triplet electronic excited state of Ir_2(dimen)_(4)^(2+) (R_(e,Ir–Ir) = 2.87 Å; F_(Ir–Ir) = 0.99 mdyn Å^(–1)); (2) a single-minimum, anharmonic surface for the ground state of Rh_2(dimen)_(4)^(2+) (R_(e,Rh–Rh) = 3.23 Å; F_(Rh–Rh) = 0.09 mdyn Å^(–1)); (3) a double-minimum (along the Ir–Ir coordinate) surface for the ground state of Ir_2(dimen)_(4)^(2+) (R_(e,Ir–Ir) = 3.23 Å; F_(Ir–Ir) = 0.16 mdyn Å^(–1))

The Politics of Selecting Chevron Deference

In this article, we examine an important threshold question in judicial behavior and administrative law: When do federal circuit courts decide to use the Chevron deference framework and when do they select a framework that is less deferential to the administrative agency\u27s statutory interpretation? The question is important because the purpose of Chevron deference is to give agencies-not judges-policy-making space within statutory interpretation. We expect, nonetheless, that whether to invoke the Chevron framework is largely driven by political dynamics, with judges adopting a less deferential standard when their political preferences do not align with the agency\u27s decision. To provide insight, we analyze circuit court decisions from 2003 until 2013 that review agency statutory interpretations. Our results-from the largest and most comprehensive database of its kind-- provide partial confirmation of our expectations. When courts reviewed liberal agency interpretations, all panels-liberal, moderate, and conservative-were equally likely to apply Chevron. However, when reviewing conservative agency interpretations, liberal panels selected the Chevron deference framework significantly less frequently than conservative panels. Contrary to limited prior studies, we find no evidence of whistleblower or disciplining effects when judges of different judicial ideologies comprised the panel. Viewed together, our results provide important implications for the current debate on whether to eliminate, narrow, or clarify Chevron\u27s domain

Judge Kavanaugh, Chevron Deference, and the Supreme Court

How might a new U.S. Supreme Court Justice Brett Kavanaugh review federal agency statutory interpretations that come before him on the Court? To find at least a preliminary answer, we can look to his judicial behavior while serving on the U.S. Court of Appeals for the D.C. Circuit—and there is plenty of relevant Kavanaugh judicial behavior to observe. Since starting his service on the D.C. Circuit in 2006, Judge Kavanaugh has participated in the disposition of around 2,700 cases and has authored more than 300 opinions. Over a third of those authored opinions involved administrative law

A Digital Archive of HI 21 cm Line Spectra of Optically-targeted Galaxies

We present a homogeneous compilation of HI spectral parameters extracted from global 21 cm line spectra for some 9000 galaxies in the local universe (heliocentric velocity -200 < V_Sun < 28,000 km/s) obtained with a variety of large single dish radio telescopes but reanalyzed using a single set of parameter extraction algorithms. Corrections to the observed HI line flux for source extent and pointing offsets and to the HI line widths for instrumental broadening and smoothing are applied according to model estimates to produce a homogenous catalog of derived properties with quantitative error estimates. Where the redshift is available from optical studies, we also provide flux measurements for an additional 156 galaxies classified as marginal HI detections and rms noise limits for 494 galaxies classified as nondetections. Given the diverse nature of the observing programs contributing to it, the characteristics of the combined dataset are heterogeneous, and as such, the compilation is neither integrated HI line flux nor peak flux limited. However, because of the large statistical base and homogenous reprocessing, the spectra and spectral parameters of galaxies in this optically targeted sample can be used to complement data obtained at other wavelengths to characterize the properties of galaxies in the local universe and to explore the large scale structures in which they reside.Comment: 13 pages, 9 figures, 3 external online tables, accepted for publication in ApJ

Synthesis and Recognition Properties of Higher Order Tetrathiafulvalene (Ttf) Calix N Pyrroles (N=4-6)

Two new benzoTTF-annulated calix[n]pyrroles (n = 5 and 6) were synthesized via a one-step acid catalyzed condensation reaction and fully characterized via single crystallographic analyses. As compared to the known tetra-TTF annulated calix[4]pyrrole, which is also produced under the conditions of the condensation reaction, the expanded calix[n]pyrroles (n = 5 and 6) are characterized by a larger cavity size and a higher number of TTF units (albeit the same empirical formula). Analysis of the binding isotherms obtained from UV-Vis spectroscopic titrations carried out in CHCl3 in the presence of both anionic (Cl-, Br-, I-, CH3COO-, H2PO4-, and HSO4-) and neutral (1,3,5-trinitrobenzene (TNB) and 2,4,6-trinitrotoluene (TNT)) substrates revealed that as a general rule the calix[6]pyrrole derivative proved to be the most efficient molecular receptor for anions, while the calix[4]pyrrole congener proves most effective for the recognition of TNB and TNT. These findings are rationalized in terms of the number of electron rich TTF subunits and NH hydrogen bond donor groups within the series, as well as an ability to adopt conformations suitable for substrate recognition, and are supported by solid state structural analyses.National Science Foundation CHE 1057904, 0741973Robert A. Welch Foundation F-1018Danish Natural Science Research Council (FNU) 272-08-0047, 11-106744WCU (World Class University) program of Korea R32-2010-10217-0Villum FoundationChemistr

Numerical Distribution of Lymphoid Nodules in the Human Sigmoid Colon, Rectosigmoidal Junction, Rectum, and Anal Canal

There is little information on the numerical distribution of lymphoid nodules (LN) in distal segments of the human large bowel. A novel approach was therefore developed to assess the number of LN in the sigmoid colon, the rectosigmoid segment, the rectum, and the anal canal in humans. The distal large bowel from five cadavers was selected for quantitative study. The number of LN was scored macroscopically from the proximal sigmoid colon to the distal anal canal. A numerical distribution, previously unreported, consisting of two circular bands of LN was observed in each of the five cadavers. One band was located 3 cm proximal from the pectinate line and the other was located at the rectosigmoid segment. Significantly more LN occurred 3–5 cm proximal to the pectinate line compared to areas distal or proximal to this band of LN. This band of LN has not been reported previously in humans

A New Species of \u3ci\u3eMyxidium\u3c/i\u3e (Myxosporea: Myxidiidae), from the Western Chorus Frog, \u3ci\u3ePseudacris triseriata triseriata\u3c/i\u3e, and Blanchard\u27s Cricket Frog, \u3ci\u3eAcris crepitans blanchardi\u3c/i\u3e (Hylidae), from Eastern Nebraska: Morphology, Phylogeny, and Critical Comments on Amphibian \u3ci\u3eMyxidium\u3c/i\u3e Taxonomy

During March 2001-April 2004, 164 adult anurans of 6 species (47 Rana blairi, 35 Rana catesbeiana, 31 Hyla chrysoscelis, 31 Pseudacris triseriata triseriata, 11 Bufo woodhousii, and 9 Acris crepitans blanchardi) from Pawnee Lake, Lancaster County, Nebraska, were surveyed for myxozoan parasites. Of these, 20 of 31 (65%) P. triseriata triseriata and 1 of 9 (11%) A. crepitans blanchardi were infected with a new species of Myxidium. Myxidium melleni n. sp. (Myxosporea) is described from the gallbladder of the western chorus frog, P. triseriata triseriata (Hylidae). This is the second species of Myxidium described from North American amphibians. Mature plasmodia are disc-shaped or elliptical 691 (400-1,375) × 499 (230-1,200) × 23 (16-35) μm, polysporic, producing many disporic pansporoblasts. The mature spores, 12.3 (12.0-13.5) × 7.6 (7.0-9.0) × 6.6 (6.0-8.0) μm, containing a single binucleated sporoplasm, are broadly elliptical, with 2-5 transverse grooves on each valve, and contain two equal polar capsules 5.2 (4.8-5.5) × 4.2 (3.8-4.5) μm positioned at opposite ends of the spore. Myxidium melleni n. sp. is morphologically consistent with other members of Myxidium. However, M. melleni n. sp. was phylogenetically distinct from other Myxidium species for which DNA sequences are available. Only with improved morphological analyses, accompanied by molecular data, and the deposit of type specimens, can the ambiguous nature of Myxidium be resolved. Guidelines for descriptions of new species of Myxidium are provided

Laser Ablation Surface Preparation of Ti-6A1-4V for Adhesive Bonding

Adhesive bonding offers many advantages over mechanical fastening, but requires certification before it can be incorporated in primary structures for commercial aviation without disbond-arrestment features or redundant load paths. Surface preparation is widely recognized as the key step to producing robust and predictable bonds. Laser ablation imparts both topographical and chemical changes to a surface which can lead to increased bond durability. A laser based process provides an alternative to chemical-dip, manual abrasion and grit blast treatments which are expensive, hazardous, polluting, and less precise. This report documents preliminary testing of a surface preparation technique using laser ablation as a replacement for the chemical etch and abrasive processes currently applied to Ti-6Al-4V alloy adherends. Failure mode, surface roughness, and chemical makeup were analyzed using fluorescence enhanced visualization, microscopy, and X-ray photoelectron spectroscopy, respectively. Single lap shear tests were conducted on bonded and aged specimens to observe bond strength retention and failure mode. Some promising results showed increasing strength and durability of lap shear specimens as laser ablation coverage area and beam intensity increased. Chemical analyses showed trends for surface chemical species which correlated with improved bond strength and durability. Combined, these results suggest that laser ablation is a viable process for inclusion with or/and replacement of one or more currently used titanium surface treatments. On-going work will focus on additional mechanical tests to further demonstrate improved bond durability