Independence Through Judicialization: The Politics Surrounding Administrative Adjudicators, 1929-1949

One front in today’s battle to define the scope of the administrative state concerns the authority, status, and future of its 10,000-plus administrative adjudicators. Decisions by federal courts and the executive branch to increase the dependence of administrative adjudicators on the executive have sparked strong reactions from observers, with many advocating for measures to increase adjudicator “independence.” But who should administrative adjudicators be independent of, which ought to be independent, and why? Calls for administrative adjudicator independence are not new. This Article draws on primary documents produced by private actors, congressional decisionmakers, and federal executive agents to present a political legal history of legislative proposals between 1929 and 1949 to understand whether, how, and why different actors sought to insulate administrative adjudicators from their agencies or the President. Leading up to and following the enactment of the Administrative Procedure Act in 1946, politicians and interested citizens advanced proposals to increase the independence of the individuals who conducted hearings and served as factfinders in administrative agencies. Then, like now, observers debated administrative adjudicator independence in the context of discussions about the power of administrative agencies. The loudest supporters of independence were anti-New Dealers trying to halt and reverse the growth of administrative power, who were joined by a subset of legal professionals interested in using law to check its operation. These critics attempted to “judicialize” administrative adjudication by increasing the resemblance of administrative adjudicators to the federal judiciary. What does this history teach? First, it illustrates how actors past and present deploy seemingly apolitical terms like judicial values, independence, or administrative procedure to obtain substantive political ends. Indeed, such terms can take on different meanings at different times, perhaps varying with views of the federal judiciary and active government, the policies and political strength of the President, the issues decided by administrative agencies, or the types of claimants subject to adjudication. Second, it highlights how early supporters of administrative agencies emphasized the diversity among administrative adjudicators, while opponents grouped them together to collectively limit their authority. Today, rather than pursuing one-size-fits-all reforms, I suggest that different rules should apply to different administrative adjudicators depending on the questions and claimants involved. Decisions about ratemaking or regulatory enforcement differ from individualized determinations whether citizens qualify for government benefits or licenses. Claims by business interests might be treated differently from those by more vulnerable groups, such as disability-benefits recipients or noncitizens at risk of removal. In any event, when making policy recommendations, reformers should begin by understanding who administrative adjudicators are and the functions they perform, an understanding that also underscores whether and how politics should animate arguments about adjudicator independence

Type 1 2HDM as effective theory of supersymmetry

It is generally believed that the low energy effective theory of the minimal supersymmetric standard model is the type 2 two Higgs doublet model. We will show that the type 1 two Higgs doublet model can also as the effective of supersymmetry in a specific case with high scale supersymmetry breaking and gauge mediation. If the other electroweak doublet obtain the vacuum expectation value after the electroweak symmetry breaking, the Higgs spectrum is quite different. A remarkable feature is that the physical Higgs boson mass can 125 GeV unlike in the ordinary models with high scale supersymmetry in which the Higgs mass is generally around 140 GeV.Comment: 11 pages, 3 figures, Published in Commun.Theor.Phy

Supersymmetric Boost on Intersecting D-branes

We study the effect of the Born-Infeld electric field on the supersymmetric configuration of various composite D-branes. We show that the generic values of the electric field do not affect the supersymmetry but, as it approaches $1/2\pi\alpha'$ keeping the magnetic field finite, various combinations of the magnetic fields allow up to 8 supersymmetries. We also explore the unbroken supersymmetries for two intersecting D-strings which are in uniform or relative motion. For a finite uniform Lorentz boost, 16 supersymmetries are guaranteed only when they are parallel. For an infinite one, 8 supersymmetries are preserved only when both the D-strings are oriented to the forward or backward direction of the boost. Under a finite relative boost, 8 supersymmetries are preserved only when the intersecting angle is less than $\pi/2$ and the intersecting point moves at the speed of light. As for an infinite relative boost, 8 supersymmetries are preserved regardless of the values of the intersecting angle.Comment: 27 pages using REVTeX4, 7 figure

Wettability characteristics of an Al2O3/SiO2-based ceramic modified with CO2, Nd:YAG, excimer and high-power diode lasers

Interaction of CO2, Nd:YAG, excimer and high power diode laser (HPDL) radiation with the surface of an Al2O3/SiO2 based ceramic was found to effect significant changes in the wettability characteristics of the material. It was observed that interaction with CO2, Nd:YAG and HPDL radiation reduced the enamel contact angle from 1180 to 310, 340 and 330 respectively. In contrast, interaction with excimer laser radiation resulted an increase in the contact angle to 1210. Such changes were identified as being due to: (i) the melting and partial vitrification of the Al2O3/SiO2 based ceramic surface as a result of interaction with CO2, Nd:YAG HPDL radiation. (ii) the surface roughness of the Al2O3/SiO2 based ceramic increasing after interaction with excimer laser radiation. (iii) the surface oxygen content of the Al2O3/SiO2 based ceramic increasing after interaction with CO2, Nd:YAG and HPDL radiation. The work has shown that the wettability characteristics of the Al2O3/SiO2 based ceramic could be controlled and/or modified with laser surface treatment. In particular, whether the laser radiation had the propensity to cause surface melting. However, a wavelength dependance of the change of the wetting properties could not be deduced from the findings of this work

Review of the Marine Monitoring Program (MMP)

The Marine Monitoring Program (MMP) monitors the condition of inshore water quality and aims to link this to changes in the health of key inshore environments (coral reefs and seagrass). This report provides a review of each of the 5 programs based on the best available information that was provided by the MMP providers at the time of the review

On the instability of 3d null singularities

String propagation on a three-dimensional Lorentzian string orbifold with a null singularity has been studied by Horowitz and Steif, and more recently by Liu, Moore and Seiberg. We analyze the target space as a classical gravitational background. The singularity becomes spacelike when an arbitrarily small amount of matter is thrown at the singularity. This can be seen directly by studying the null singularity as a limit of the M=0, J=0 BTZ black hole metric.Comment: 9 pages, uses harvmac.tex. v2: minor wording changes in introduction, fixed reference typo, new reference

Removing Singularities

Big bang/crunch curvature singularities in exact CFT string backgrounds can be removed by turning on gauge fields. This is described within a family of {SL(2)xSU(2)xU(1)_x}/{U(1)xU(1)} quotient CFTs. Uncharged incoming wavefunctions from the ``whiskers'' of the extended universe can be fully reflected if and only if a big bang/crunch curvature singularity, from which they are scattered, exists. Extended BTZ-like singularities remain as long as U(1)_x is compact.Comment: 21 pages, harvma

Null Brane Intersections

We study pairs of planar D-branes intersecting on null hypersurfaces, and other related configurations. These are supersymmetric and have finite energy density. They provide open-string analogues of the parabolic orbifold and null-fluxbrane backgrounds for closed superstrings. We derive the spectrum of open strings, showing in particular that if the D-branes are shifted in a spectator dimension so that they do not intersect, the open strings joining them have no asymptotic states. As a result, a single non-BPS excitation can in this case catalyze a condensation of massless modes, changing significantly the underlying supersymmetric vacuum state. We argue that a similar phenomenon can modify the null cosmological singularity of the time-dependent orbifolds. This is a stringy mechanism, distinct from black-hole formation and other strong gravitational instabilities, and one that should dominate at weak string coupling. A by-product of our analysis is a new understanding of the appearance of 1/4 BPS threshold bound states, at special points in the moduli space of toroidally-compactified type-II string theory.Comment: Tex file, uses harvmac, 24 pages with 5 figures. Corrected typos and added references. Final version to appear in JHE

Amplification of TLO Mediator Subunit Genes Facilitate Filamentous Growth in Candida Spp

Funding: This work was funded by the National Institutes of Allergy and Infectious Disease (AI113390, LCM) and the National Institutes of General Medical Sciences (GM62483, LCM). The funders had no role in study design, data collection and analysis, decision topublish, or preparation of the manuscript.Non peer reviewedPublisher PD

The period gene encodes a predominantly nuclear protein in adult Drosophila

The period gene of Drosophila melanogaster (per) is important for the generation and maintenance of biological rhythms. Previous light microscopic observations indicated that per is expressed in a variety of tissues and cell types and suggested that the per protein (PER) may be present in different subcellular compartments. To understand how PER influences circadian rhythms, it is important to define its subcellular location, especially in adult flies where inducible promoter experiments suggested that it is most relevant to circadian locomotor activity rhythms. To this end, we report the results of an immunoelectron microscopic analysis of wild-type flies and per-beta- galactosidase (beta-gal) fusion gene transgenics using a polyclonal anti-PER antibody or an anti-beta-gal antibody, respectively. Most of the PER antigen and the fusion gene product were located within nuclei, suggesting that PER acts in that subcellular compartment to affect circadian rhythms. The results are discussed in terms of per's possible biochemical functions