The Judicialization of Federal Administrative Law Judges: Implications for Policymaking

Students of the American federal administrative legal process have long debated the question of whether those persons charged with the responsibility for developing and conducting the formal hearing process and for making initial decisions in agency adjudication should act more like judges or more like administrators. Advocates of the judicial model of behavior seek to inject into the administrative process certain values inherent and traditional in Anglo-American courts. These values particularly, although not exclusively, include the protection of the personal, property and procedural rights of private citizens which have been developed by judges acting in their traditional capacities as makers of common law and interpreters of the federal constitution and statutory law. They include a suspicion of activity of governmental officials acting within broad grants of discretionary authority and a belief that an adversarial dispute settlement process is more rational and more resistant to personal bias and self-interest. Conversely, the advocates of the administrative model of behavior are primarily concerned with the social rather than the individual perspective. According to their value system, effective implementation of the programs of government must come first and all administrative functions (including adjudication) must therefore conform to whatever organizational or managerial requirements are necessary for progress toward politically defined goals. To sum up the differences in a rather simplistic but nonetheless realistic way, the judicialists emphasize procedure and fair process, while administrationists emphasize the policy itself and the institutional nature of decision making as a function of organization. This essay asks three questions. First, has public policy, as expressed through statutes and administrative regulation, Civil Service Commission personnel administration policies, and articulated positions of professional interest groups, shaped the occupation of federal hearing examiner according to a specific model of behavior, to wit: the judicial model, the administrative model, or some combination of the two? Second, how important is the federal hearing examiner in the policymaking process? Third, assuming that we find a specific behavioral model to be dominant and also that we find hearing examiners to be important in policy formulation, what implications do these findings have for the nature, substance and process of administrative policy formulations

Fermi Surface as a Driver for the Shape-Memory Effect in AuZn

Martensites are materials that undergo diffusionless, solid-state transitions. The martensitic transition yields properties that depend on the history of the material and may allow it to recover its previous shape after plastic deformation. This is known as the shape-memory effect (SME). We have succeeded in identifying the primary electronic mechanism responsible for the martensitic transition in the shape-memory alloy AuZn by using Fermi-surface measurements (de Haas-van Alphen oscillations) and band-structure calculations. This strongly suggests that electronic band structure is an important consideration in the design of future SME alloys

Observation of a continuous phase transition in a shape-memory alloy

Elastic neutron-scattering, inelastic x-ray scattering, specific-heat, and pressure-dependent electrical transport measurements have been made on single crystals of AuZn and Au_{0.52}Zn_{0.48} above and below their martensitic transition temperatures (T_M=64K and 45K, respectively). In each composition, elastic neutron scattering detects new commensurate Bragg peaks (modulation) appearing at Q = (1.33,0.67,0) at temperatures corresponding to each sample's T_M. Although the new Bragg peaks appear in a discontinuous manner in the Au_{0.52}Zn_{0.48} sample, they appear in a continuous manner in AuZn. Surprising us, the temperature dependence of the AuZn Bragg peak intensity and the specific-heat jump near the transition temperature are in favorable accord with a mean-field approximation. A Landau-theory-based fit to the pressure dependence of the transition temperature suggests the presence of a critical endpoint in the AuZn phase diagram located at T_M*=2.7K and p*=3.1GPa, with a quantum saturation temperature \theta_s=48.3 +/- 3.7K.Comment: 6 figure

Solar neutrino results in Super-Kamiokande-III

The results of the third phase of the Super-Kamiokande solar neutrino measurement are presented and compared to the first and second phase results. With improved detector calibrations, a full detector simulation, and improved analysis methods, the systematic uncertainty on the total neutrino flux is estimated to be ?2.1%, which is about two thirds of the systematic uncertainty for the first phase of Super-Kamiokande. The observed 8B solar flux in the 5.0 to 20 MeV total electron energy region is 2.32+/-0.04 (stat.)+/-0.05 (sys.) *10^6 cm^-2sec^-1, in agreement with previous measurements. A combined oscillation analysis is carried out using SK-I, II, and III data, and the results are also combined with the results of other solar neutrino experiments. The best-fit oscillation parameters are obtained to be sin^2 {\theta}12 = 0.30+0.02-0.01(tan^2 {\theta}12 = 0.42+0.04 -0.02) and {\Delta}m2_21 = 6.2+1.1-1.9 *10^-5eV^2. Combined with KamLAND results, the best-fit oscillation parameters are found to be sin^2 {\theta}12 = 0.31+/-0.01(tan^2 {\theta}12 = 0.44+/-0.03) and {\Delta}m2_21 = 7.6?0.2*10^-5eV^2 . The 8B neutrino flux obtained from global solar neutrino experiments is 5.3+/-0.2(stat.+sys.)*10^6cm^-2s^-1, while the 8B flux becomes 5.1+/-0.1(stat.+sys.)*10^6cm^-2s^-1 by adding KamLAND result. In a three-flavor analysis combining all solar neutrino experiments, the upper limit of sin^2 {\theta}13 is 0.060 at 95% C.L.. After combination with KamLAND results, the upper limit of sin^2 {\theta}13 is found to be 0.059 at 95% C.L..Comment: 19 pages, 33 figures in the main text. The appendix section on errata is added in v

Into the Labyrinth: Tales of Organizational Nomadism

Labyrinths and mazes have constituted significant spaces for tales of transformation, from prehistoric designs through the myth of the Minotaur and the pilgrimage design in Chartres cathedral to contemporary novels and pictorial representations. Labyrinths and labyrinthine designs can also commonly be found in present-day organizations. This text, based on an ethnographic study as well as on an analysis of academic discourse, explores their significance as symbol and as physical structure. Drawing upon the notion of transitional space, it presents labyrinths as an indelible part of human experience, an archetype, and a sensemaking tool for understanding and explaining organizational complexity. The unavoidable presence of labyrinthine structures is presented as a counterpoise to the reductionist tendency towards simplification, streamlining and staying on-message, allowing or demanding space for reflection, doubt and uncertainty

No association between glucocorticoid receptor polymorphisms and long-term respiratory outcome after very preterm birth

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