Some Problems with Judicial Review of Administrative Inconsistency

In a 1982 law review article Professor David Mullan proposes that we adopt the identification of inconsistency as a basis for judicial review of administrative action.1 On its surface such a proposal may not seem revolutionary. The concept of precedent and rule-oriented decision-making is fundamental to common notions of justice. Arbitrariness in official action offends the rule of law. Hence to resist such a proposal may not seem at the outset a very popular task, especially if the alternative is to tolerate inconsistent administrative action. But it is not the popularity or the unpopularity of the undertaking which is troubling, so much as its ambiguity. Mullan\u27s work draws upon the relatively precise principle that like cases should be treated alike. For my part, I find this precision elusive. The role of consistency in the process of judicial decision-making is controversial.2 When considered in the administrative law setting the difficulties of overseeing inconsistency within an exceptional, deferential model of judicial review are manifold

La preuve, les techniques modernes et le respect des valeurs fondamentales

In La preuve, les techniques modernes et le respect des valeurs fondamentales, Professor Pierre Patenaude has produced a scholarly and practical inquiry into the question of how law responds to science. This book raises questions of the gathering, the admissibility and the reliability of evidence through modem techniques such as electronic surveillance, breathalyzer tests, lie detectors, radar, the administration of truthinducing drugs, and hypnosis. It combines a thoughtful examination of values underlying the law of evidence with an introduction to the complexities and the frailities of scientific investigative techniques

Pulsed Electromagnets for EMATs

In many industrial NDE applications pulsed electromagnets may be more desirable than large static electromagnets or permanent magnets for magnetic biasing of electromagnetic acoustic transducers (EMAT\u27s). Since electromagnetic acoustic transduction is confined to one skin depth at the operating frequency of the EMAT, the transduction efficiency can be enhanced by the dynamic concentration of the magnetic flux near the surface. This paper describes a number of physical phenomena associated with EMAT generation under pulsed-magnetic-field bias. In particular, it is observed that for maximum transduction efficiencies the ultrasonic pulse must be retarded relative to the initiation of the current pulse to the electromagnet windings. A second maximum in the transduction efficiency is observed when the pulsed magnet-EMAT system is operated on ferromagnetic steel (1020). The second maximum is associated with magnetostrictive effects. Operation of pulsed magnet-EMAT systems at elevated temperatures (400°C) is demonstrated on aluminum

Application of EMATs to In-Place Inspection of Railroad Rails

With the aging of the U.S. railroad system and the increased tonnage being moved, it is more important than ever to monitor the installed railroad track for defects whose growth could lead to track failure and derailments. Current ultrasonic inspection techniques utilize a liquid filled wheel to couple acoustic energy from several piezoelectric transducers into the rail at a variety of angles relative to the head of the rail. This approach limits the speed of inspection to approximately 10 mph, is very sensitive to the surface condition and orientation of the railhead and requires frequent maintenance stops. The feasibility of using EMATs to replace the water filled wheel transducers has been the purpose of this research effort at the Albuquerque Development Laboratory and was sponsored by the Department of Transportation with the cooperation of the Sperry Rail Service Division of Automation Industries, Inc

High Frequency, Angle Beam EMATs for Weld Inspection

Accompanying the requirements for higher quality welds in structural parts, there is a growing demand for more rapid and automatic methods for their nondestructive inspection. Conventional X-ray methods are inherently slow and are difficult to automate. Furthermore, they often present a safety hazard that adds mass and bureaucracy to the application of the method. Ultrasonics, on the other hand, can be very rapid, is easily made automatic, and does not present any safety problems. Its main drawbacks are the requirement for a carefully aligned transducer, a plumbing system to supply liquid couplant, and an educated operator to maintain the alignment and coupling throughout the scan of the weld line. Since electromagnetic acoustic transducers (EMATs)1 eliminate the need for a couplant fluid, they would appear to offer a major improvement for weld inspection technology

A Compact EMAT Receiver for Ultrasonic Testing at Elevated Temperatures

For the past several years, the AISI and several national laboratories have cooperated on a program to develop ultrasonic transducers that can be used in steel mills at the highest temperatures encountered during the processing of the solid metal {1}. To date, pulsed laser light focused on the surface appears to make a satisfactory generator or transmitter for ultrasonic pulses while the EMAT or Electromagnetic Acoustic Transducer appears to hold the greatest promise for the receiver {2}. Both of these essentially noncontact devices can be made to withstand the very hot environmnent and they are not very sensitive to the quality of the surface

Life history and pheromone response in Pissodes schwarzi Hopk. (Coleoptera: Curculionidae)

Pitfall traps baited with live Pissodes schwarzi Hopk. males plus pine sections captured 46 female P. schwarzi from I June to 1 September, 1989, indicating the presence of a male-produced sex pheromone. No weevils were captured in unbaited traps, or those baited with females on pine or pine sections alone. Seasonal response of P. schwarzi females to the male-baited pifall traps indicated peak. periods of activity in early June, representing overwintered adults, and mid- to late July, corresponding to the emergence of new adults. Development time of P. schwarzi varied depending on oviposition location on the tree. Overwintered brood adults began to oviposit in May and continued through August