Suspect Spheres, Not Enumerated Powers: A Guide for Leaving the Lamppost

Despite longstanding orthodoxy, the Constitution’s enumeration of congressional powers does virtually nothing to limit federal lawmaking. That’s not because of some bizarrely persistent judicial failure to read the Constitution correctly. It’s because the enumeration of congressional powers is not a well-designed technology for limiting federal legislation. Rather than trying to make the enumeration do work that it will not do, decisionmakers should find better ways of thinking about what lawmaking should be done locally rather than nationally. This Article suggests such a rubric, one that asks not whether Congress has permission to do a certain thing but whether a certain kind of lawmaking is more prone to pathology at the national or the state level. That inquiry could identify “suspect spheres”: areas of policymaking where federal law calls for more justification than elsewhere. Federal legislation within suspect spheres would not necessarily be subject to judicial invalidation, but the judgment that legislation falls within a suspect sphere could underwrite softer forms of judicial resistance to nationalization. We illustrate the suspect-spheres model with a principle of federalism we call the corporate nondelegation doctrine, by which federal delegations of power to private corporations are to be treated skeptically. Early on, that principle animated Madison’s opposition to the Bank of the United States and much of the Jacksonian approach to federalism. It later underwrote the Supreme Court’s decision in Schechter Poultry. In the current century, the idea that the corporate nondelegation doctrine defines a suspect sphere helps explain otherwise puzzling judicial behaviors in federalism cases, including the presumption against preemption and the resistance to the individual mandate of the Affordable Care Act. By illustrating the possibility of a suspect-sphere approach, we suggest a tool that might be useful at a time of destructively polarized national politics, when rubrics for allocating some polarizing issue spaces to state-level decisionmakers might help lower the national temperature

STRATEGI COLLABORATIVE GOVERNANCE PEMERINTAH DESA TULUNG SELAPAN TIMUR DALAM PENGELOLAAN SAMPAH DI KECAMATAN TULUNG SELAPAN TAHUN 2022

Tujuan dilakukannya penelitian ini adalah untuk mengetahui Bagaimana Strategi Collaborative Governance Pemerintah Desa Tulung Selapan Timur Dalam Pengelolaan Sampah Di Kecamatan Tulung Selapan Tahun 2022. adapun teori yang di gunakan pada penelitian ini yaitu teori Collaborative Governance Menurut Ansell dan Gash yang memiliki beberapa indikator teori seperti kondisi awal, desaign institusi, kepemimpinan dan proses kolaboratif. Hasil penelitian menunjukkan bahwa kolaborasi dalam penanganan sampah di Desa Tulung Selapan Timur ialah dengan terlaksananya program pengelolaan sampah secara berkelanjutan di mana bentuk kolaborasi dari pemerintah desa sebagai penyedia program dan fasilitas, serta pabrik sampah sebagai pelaksana program dan masyarakat sebagai pendukung atas terlaksana nya program tersebut saat ini telah berhasil dan mampu menjalankan program pengelolaan sampah ini dengan baik dan berkelanjutan.Hal ini dapat di buktikan dari tersedianya fasilitas seperti montir pengangkut sampah dan terlaksananya program pengelolaan sampah seperti pemisahan sampah sesuai jenis

Debate

In 1890, Louis Brandeis wrote The Right to Privacy. Within a matter of years, the courts began adopting his theory, creating a newly articulated legal right. This article likely represented the high-water mark of legal academia in terms of real world impact. In recent years, the academy has lost much of its relevance. Chief Justice Roberts ridiculed academic work, suggesting that legal scholarship has become esoteric and irrelevant. This should not be the case. The quality of legal scholars is higher than it has ever been—young scholars now often enter the academy with doctoral degrees in related fields. Likewise, technology has placed a world of information at our fingertips. Scholars can write pieces that react to quickly changing events at an unprecedented speed. Yet the speed of publication in flagship print editions has lagged behind the speech of scholarship itself. By the time a piece of writing is published, almost a year has passed since it was submitted. And if the piece elicits a response, it would come out a year after that. At this point, two years have gone by since submission and in the fast paced world of legal scholarship, a final riposte will often not be relevant. The end result is, that aside from the occasional citation, most scholarly debates are obsolete or irrelevant by the time they appear in print. This should be unacceptable given that our profession is, at its core, adversarial. Adversity can help make legal scholarship more relevant. Although a legal practitioner can easily research the case law, she cannot as easily identify the points of interpretive conflict. Now more than ever, it is essential for academic works to present the competing views of a theory in a package that identifies where the real points of reasonable disagreement lie. Yet this is a difficult task for any single scholar. All minds are subject to bias, even more so when the subject has already stoked scholarly passions. And even in the cases where a scholar can fairly present disagreements, there is simply no way for a practitioner to identify an exceptional piece from the volumes of scholarship without significant expertise in the field. Unfortunately, this means that despite the skill and best intentions of legal scholars, the solution to this problem is largely out of their hands. Further, the students that comprise the editorial boards of America’s legal journals do not have the knowledge to consistently ensure that an article includes voices of reasonable opposition. This “debate” is an attempt to remedy the problem. Instead of imposing our opinions on the academy, the editors of the Cornell Law Review have decided to facilitate what is essentially a public peer review process of an article published in a previous volume of our journal. In Volume 101, we published an article by Professors Christopher Serkin and Nelson Tebbe entitled Is the Constitution Special? This article argued that, contrary to common belief, it is difficult to justify lawyers’ distinct interpretive approach to the Constitution, as opposed to statutory or common law. This was a novel and controversial claim that begged to be subjected to heightened scrutiny. After an extensive selection process, the senior editorial board invited Professors Richard Primus and Kevin Stack to act as critics of the Serkin and Tebbe piece, and they graciously accepted. Over the course of the past year, these four scholars have engaged in a written exchange debating Serkin and Tebbe’s argument. It begins with Primus and Stack’s critiques of the article and then carries on for a total of six critiques and responses (two from each critic and two from the authors). While the result of this experiment will be determined by its readership, we believe that it has been a success. As will be seen in the pages that follow, the initial theory has been clarified and elevated while the facets of disagreement have been cleaved for both future scholars and practitioners

New Media and Expectations of Social Closeness: The Mobile Phone and Narratives of “Throwing People Away” in Cameroonian Transnational Social Relationships

In studies on transnationalism, mobile phones have gained prominent attention as tools that maintain relationships in the event of migration. They have transformed transnational sociality from procedural to a daily event all at the control of the actors who, for example, no longer relies on the post office for letters. Mobile phones provide avenues for social closeness and intimacy, impact social identities, facilitate participation in events dis-embedded from a locality, and help in the expression of belonging and solidarity across national borders. Despite these positive facets, the technology could become a source of discomfort as seen in this contribution, which revolves around the unmet expectations of utilising the device to sustain transnational social closeness. Drawn from a multi-sited study conducted among Cameroonians in Germany and Cameroon, the article demonstrates how the consciousness of the possibilities of direct communication negatively influences an actors’ interpretation of silences and non-communication. In this context, the technology rather contributes to frustration, uncertainty and disappointments in transnational social bonds

Assessing the Hazard to Granivorous Birds Feeding on Chemically Treated Seeds

Current methods for evaluating hazards to seed-eating birds are based on estimated exposure per unit area and assume that birds ingest all of the chemical on a treated seed. In an earlier study, however, it was determined that red-winged blackbirds removed only about 15% of an insecticidal treatment applied to individual rice seeds. Here, we extend those findings by examining the seed-handling behavior of four granivorous bird species exposed to millet, rice, sunflower and sorghum treated with imidacloprid. Mourning doves (Zenaida macroura L.) swallowed the seed whole. House finches (Carpodacus mexicanus Muller), red-winged blackbirds (Agelaius phoeniceus L.) and boat-tailed grackles (Quiscalus major Vieillot) discarded the seed hulls, however, and removed only 15È40% of the initial chemical treatment. Residues on seed hulls decreased as handling time increased. Sunflowers had the lowest residues because birds repeatedly handled the hull to remove bits of the oily kernel. These results suggest that avian hazard assessment methods should incorporate species-typical seed-handling behavior to assess more accurately birds’ exposure to chemicals on different types of seed

Debating Is the Constitution Special?

In 1890, Louis Brandeis wrote The Right to Privacy. Within a matter of years, the courts began adopting his theory, creating a newly articulated legal right. This article likely represented the high-water mark of legal academia in terms of real world impact. In recent years, the academy has lost much of its relevance. Chief Justice Roberts ridiculed academic work, suggesting that legal scholarship has become esoteric and irrelevant. This should not be the case. The quality of legal scholars is higher than it has ever been—young scholars now often enter the academy with doctoral degrees in related fields. Likewise, technology has placed a world of information at our fingertips. Scholars can write pieces that react to quickly changing events at an unprecedented speed

Age-Related Differential Stimulation of Immune Response by Babesia microti and Borrelia burgdorferi During Acute Phase of Infection Affects Disease Severity

Lyme disease is the most prominent tick-borne disease with 300,000 cases estimated by CDC every year while ~2,000 cases of babesiosis occur per year in the United States. Simultaneous infection with Babesia microti and Borrelia burgdorferi are now the most common tick-transmitted coinfections in the U.S.A., and they are a serious health problem because coinfected patients show more intense and persisting disease symptoms. B. burgdorferi is an extracellular spirochete responsible for systemic Lyme disease while B. microti is a protozoan that infects erythrocytes and causes babesiosis. Immune status and spleen health are important for resolution of babesiosis, which is more severe and even fatal in the elderly and splenectomized patients. Therefore, we investigated the effect of each pathogen on host immune response and consequently on severity of disease manifestations in both young, and 30 weeks old C3H mice. At the acute stage of infection, Th1 polarization in young mice spleen was associated with increased IFN-γ and TNF-α producing T cells and a high Tregs/Th17 ratio. Together, these changes could help in the resolution of both infections in young mice and also prevent fatality by B. microti infection as observed with WA-1 strain of Babesia. In older mature mice, Th2 polarization at acute phase of B. burgdorferi infection could play a more effective role in preventing Lyme disease symptoms. As a result, enhanced B. burgdorferi survival and increased tissue colonization results in severe Lyme arthritis only in young coinfected mice. At 3 weeks post-infection, diminished pathogen-specific antibody production in coinfected young, but not older mice, as compared to mice infected with each pathogen individually may also contribute to increased inflammation observed due to B. burgdorferi infection, thus causing persistent Lyme disease observed in coinfected mice and reported in patients. Thus, higher combined proinflammatory response to B. burgdorferi due to Th1 and Th17 cells likely reduced B. microti parasitemia significantly only in young mice later in infection, while the presence of B. microti reduced humoral immunity later in infection and enhanced tissue colonization by Lyme spirochetes in these mice even at the acute stage, thereby increasing inflammatory arthritis

Assessing the Efficacy of Chlorophacinone for Mountain Beaver (\u3ci\u3eAplodontia rufa\u3c/i\u3e) Control

The mountain beaver is a fossorial rodent species endemic to the Pacific Northwest and portions of California. This herbivore is managed as a pest species because of the impact it has on newly planted Douglas-fir seedlings. Currently, managers are limited to trapping for population control; however, in Washington trapping has been further curtailed by anti-trapping legislation. Presently there are no registered underground toxicants for mountain beaver control. We have documented the efficacy of chlorophacinone, presented in daily doses, as a possible alternative for mountain beaver control. Daily baiting would be unreasonable and costly alternative for timber managers, so we conducted a series of tests to determine if a single or double baiting was efficacious. In addition, we tested the caching behavior of the mountain beaver when offered bags of oats. This behavior may help reduce impacts to non-target species as well reduce environmental exposure and degradation. Mountain beaver readily cached bags of chlorophacinone within their artificial burrows, and efficacy of a one-lime and two-time dose was 100%. We determined that even with the highest chlorophacinone residuals (0.354 ppm) that the risk quotient for mink and red-tailed hawk was exactly at the level of concern that EPA recognizes for endangered and threatened species