Defining Tucker Act Jurisdiction After Bowen v. Massachusetts

Part I of this Article summarizes the relevant provisions of the Tucker Act, and examines courts\u27 interpretations of whether a district court had jurisdiction over a claim when a potential judgment exceeded $10,000. This Article suggests that, over time, traditional Tucker Act jurisdiction has been distorted by the appearance of a new kind of plaintiff\u27 seeking structural reform rather than the kinds of compensation envisioned by the Act. This Article also suggests that Tucker Act jurisdiction has been distorted by two congressional actions: the creation of the judgment fund; and amendments to the Administrative Procedure Act. These congressional actions could be construed to extend district court jurisdiction over claims for money damages. As a result, the distinction between Tucker and non- Tucker Act remedies has been blurred. Part II of this Article explicates the case law before and after the passage of the APA and its relevant amendments. This Article notes how, in the 1980\u27s, the Department of Justice (DOJ) began to assert that state suits against the Federal Government seeking reimbursement of grant-in-aid funds should be treated as Tucker Act claims and tried in the United States Claims Court, rather than as non-Tucker Act claims to be tried in the district courts. Although the DOJ achieved some measure of success, Judge Bork, in a masterful display of judicial legerdemain, offered alternative reasoning which became the basis for the Bowen decision. This alternative was superficially attractive but intrinsically false and created the impression that Bowen had diminished the traditional jurisdiction of the Claims Court and Court of Appeals for the Federal Circuit. Part III discusses and analyzes the Bowen case, outlining its procedural history, and highlighting the United States Supreme Court\u27s efforts to distinguish Bowen from the run of the mill Tucker Act suits. In part IV, this Article offers alternative interpretations of the Bowen ruling. Finally, part V of this Article advances the preferred solution and suggests how the Bowen decision can be reconciled with a century of case law, thereby avoiding the kind of judicial nihilism evidenced in this Article\u27s introductory quotation

Measurement of the cross-section and charge asymmetry of WW bosons produced in proton-proton collisions at s=8\sqrt{s}=8 TeV with the ATLAS detector

This paper presents measurements of the $W^+ \rightarrow \mu^+\nu$ and $W^- \rightarrow \mu^-\nu$ cross-sections and the associated charge asymmetry as a function of the absolute pseudorapidity of the decay muon. The data were collected in proton--proton collisions at a centre-of-mass energy of 8 TeV with the ATLAS experiment at the LHC and correspond to a total integrated luminosity of 20.2~\mbox{fb^{-1}}. The precision of the cross-section measurements varies between 0.8% to 1.5% as a function of the pseudorapidity, excluding the 1.9% uncertainty on the integrated luminosity. The charge asymmetry is measured with an uncertainty between 0.002 and 0.003. The results are compared with predictions based on next-to-next-to-leading-order calculations with various parton distribution functions and have the sensitivity to discriminate between them.Comment: 38 pages in total, author list starting page 22, 5 figures, 4 tables, submitted to EPJC. All figures including auxiliary figures are available at https://atlas.web.cern.ch/Atlas/GROUPS/PHYSICS/PAPERS/STDM-2017-13

Search for chargino-neutralino production with mass splittings near the electroweak scale in three-lepton final states in √s=13 TeV pp collisions with the ATLAS detector

A search for supersymmetry through the pair production of electroweakinos with mass splittings near the electroweak scale and decaying via on-shell W and Z bosons is presented for a three-lepton final state. The analyzed proton-proton collision data taken at a center-of-mass energy of √s=13  TeV were collected between 2015 and 2018 by the ATLAS experiment at the Large Hadron Collider, corresponding to an integrated luminosity of 139  fb−1. A search, emulating the recursive jigsaw reconstruction technique with easily reproducible laboratory-frame variables, is performed. The two excesses observed in the 2015–2016 data recursive jigsaw analysis in the low-mass three-lepton phase space are reproduced. Results with the full data set are in agreement with the Standard Model expectations. They are interpreted to set exclusion limits at the 95% confidence level on simplified models of chargino-neutralino pair production for masses up to 345 GeV