Constitutional Analogies in the International Legal System

This Article explores issues at the frontier of international law and constitutional law. It considers five key structural and systemic challenges that the international legal system now faces: (1) decentralization and disaggregation; (2) normative and institutional hierarchies; (3) compliance and enforcement; (4) exit and escape; and (5) democracy and legitimacy. Each of these issues raises questions of governance, institutional design, and allocation of authority paralleling the questions that domestic legal systems have answered in constitutional terms. For each of these issues, I survey the international legal landscape and consider the salience of potential analogies to domestic constitutions, drawing upon and extending the writings of international legal scholars and international relations theorists. I also offer some preliminary thoughts about why some treaties and institutions, but not others, more readily lend themselves to analysis in constitutional terms. And I distinguish those legal and political issues that may generate useful insights for scholars studying the growing intersections of international and constitutional law from other areas that may be more resistant to constitutional analogies

Reframing Kurtz’s Painting: Colonial Legacies and Minority Rights in Ethnically Divided Societies

Minority rights constitute some of the most normatively and economically important human rights. Although the political science and legal literatures have proffered a number of constitutional and institutional design solutions to address the protection of minority rights, these solutions are characterized by a noticeable neglect of, and lack of sensitivity to, historical processes. This Article addresses that gap in the literature by developing a causal argument that explains diverging practices of minority rights protections as functions of colonial governments’ variegated institutional practices with respect to particular ethnic groups. Specifically, this Article argues that in instances where colonial governments politicize and institutionalize ethnic hegemony in the pre-independence period, an institutional legacy is created that leads to lower levels of minority rights protections. Conversely, a uniform treatment and depoliticization of ethnicity prior to independence ultimately minimizes ethnic cleavages post-independence and consequently causes higher levels of minority rights protections. Through a highly structured comparative historical analysis of Botswana and Ghana, this Article builds on a new and exciting research agenda that focuses on the role of long-term historio-structural and institutional influences on human rights performance and makes important empirical contributions by eschewing traditional methodologies that focus on single case studies that are largely descriptive in their analyses. Ultimately, this Article highlights both the strength of a historical approach to understanding current variations in minority rights protections and the varied institutional responses within a specific colonial government

Siderophile element fractionation in meteor crater impact glasses and metallic spherules

Meteor Crater, Arizona provides an opportunity to study, in detail, elemental fractionation processes occurring during impacts through the study of target rocks, meteorite projectile and several types of impact products. We have performed EMPA and INAA on target rocks, two types of impact glass and metallic spherules from Meteor Crater. Using literature data for the well studied Canyon Diablo iron we can show that different siderophite element fractionations affected the impact glasses than affected the metallic spherules. The impact glasses primarily lost Au, while the metallic spherules lost Fe relative to other siderophile elements

Sudden gains in internet cognitive therapy for social anxiety disorder in routine clinical practice

Background: Sudden gains are large symptom improvements between consecutive therapy sessions. They have been shown to occur in randomised controlled trials of internet-delivered psychological interventions, but little is known about their occurrence when such treatments are delivered in routine clinical practice. Objective: This study examined the occurrence of sudden gains in a therapist-guided internet-delivered Cognitive Therapy intervention for social anxiety disorder (iCT-SAD) delivered in the UK NHS talking therapies for anxiety and depression (formerly known as IAPT services). It aimed to assess whether sudden gains were associated with better therapy outcomes, and examine changes in process variables around the period of sudden gains. Methods: The study examined sudden gains based on the Liebowitz Social Anxiety Scale. Of 193 treated patients, 146 provided sufficient data to permit analysis. Linear mixed effects models were used to examine the impact of sudden gains on clinical outcomes, and examine changes in negative social cognitions, self-focused attention, and depressed mood. Results: Seventy sudden gains were found among 57 participants. The occurrence rate of sudden gains was 39 %. Individuals who experienced sudden gains had a larger reduction in social anxiety symptoms at end of intervention and at three-month follow-up. There was evidence of a reduction in the frequency of negative social cognitions prior to the gain, whereas changes in self-focused attention occurred simultaneously with the gain. Depressed mood did not show significant changes over these timepoints. Conclusions: Approximately 2 in 5 patients experienced a sudden gain whilst accessing the iCT-SAD intervention in routine practice. They were associated with better clinical outcomes following treatment compared to those who did not experience a sudden gain

Wrong Turn in Cyberspace: Using ICANN to Route Around the APA and the Constitution

The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the root. Control of the root provides singular power in cyberspace. This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U. S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and Numbers (ICANN), a formally private nonprofit California corporation. DoC then signed contracts with ICANN in order to clothe it with most of the U. S. government\u27s power over the DNS, and convinced other parties to recognize ICANN\u27s authority. ICANN then took regulatory actions that the U. S. Department of Commerce was unable or unwilling to make itself, including the imposition on all registrants of Internet addresses of an idiosyncratic set of arbitration rules and procedures that benefit third-party trademark holders. Professor Froomkin then argues that the use of ICANN to regulate in the stead of an executive agency violates fundamental values and policies designed to ensure democratic control over the use of government power, and sets a precedent that risks being expanded into other regulatory activities. He argues that DoC\u27s use of ICANN to make rules either violates the APA\u27s requirement for notice and comment in rulemaking and judicial review, or it violates the Constitution\u27s nondelegation doctrine. Professor Froomkin reviews possible alternatives to ICANN, and ultimately proposes a decentralized structure in which the namespace of the DNS is spread out over a transnational group of policy partners with DoC

Challenging SO(10) SUSY GUTs with family symmetries through FCNC processes

We perform a detailed analysis of the SO(10) SUSY GUT model with D3 family symmetry of Dermisek and Raby (DR). The model is specified in terms of 24 parameters and predicts, as a function of them, the whole MSSM set of parameters at low energy scales. Concerning the SM subset of such parameters, the model is able to give a satisfactory description of the quark and lepton masses, of the PMNS matrix and of the CKM matrix. We perform a global fit to the model, including flavour changing neutral current (FCNC) processes Bs --> mu+ mu-, B --> Xs gamma, B --> Xs l+ l- and the B(d,s) - bar B(d,s) mass differences Delta M(d,s) as well as the flavour changing (FC) process B+ --> tau+ nu. These observables provide at present the most sensitive probe of the SUSY mass spectrum and couplings predicted by the model. Our analysis demonstrates that the simultaneous description of the FC observables in question represents a serious challenge for the DR model, unless the masses of the scalars are moved to regions which are problematic from the point of view of naturalness and probably beyond the reach of the LHC. We emphasize that this problem could be a general feature of SUSY GUT models with third generation Yukawa unification and weak-scale minimal flavour violation.Comment: 1 + 37 pages, 5 figures, 11 tables. v3: minor typos fixed. Matches JHEP published versio

Small-x QCD studies with CMS at the LHC

The capabilities of the CMS experiment to study the low-x parton structure and QCD evolution in the proton and the nucleus at LHC energies are presented through four different measurements, to be carried out in Pb-Pb at sqrt(s_NN) = 5.5 TeV: (i) the charged hadron rapidity density $dN_{ch}/d\eta$ and (ii) the ultraperipheral (photo)production of Upsilon; and in p-p at sqrt(s) = 14 TeV: (iii) inclusive forward jets and (iv) Mueller-Navelet dijets (separated by $Delta\eta\gtrsim$ 8).Comment: Quark Matter'06 Proceedings. To appear in J.Phys.