Environmental Regulation, Energy, and Market Entry

As my contribution to a symposium, I was asked to identify and to discuss conflicts between environmental regulation and pursuit of the goals of national energy policy. I identify three contexts in which I see clear conflicts between environmental regulation and energy policy - gasoline production, importation of liquefied natural gas, and transmission of electricity. In each case, I conclude that the conflict is attributable to state and local regulations. In the case of the gasoline market, I conclude that the market is beginning to perform poorly because of a combination of state land use regulations that make it impossible to construct new refineries and state gasoline-type mandates that are in the process of transforming the highly competitive and efficient national gasoline market into scores of much smaller inefficient markets that are increasingly susceptible to both unilateral and collusive exercises of market power. In the case of the natural gas market, I conclude that state and local government attempts to assert the power to veto federally approved liquefied natural gas terminals place us in jeopardy of experiencing a devastating shortage of natural gas in the next few years. In the case of electricity transmission, I conclude that our rapidly growing shortage of transmission capacity is already costing us many billions of dollars per year and increasing dramatically our vulnerability to widespread blackouts and price spikes, and that the shortage is attributable primarily to state and local land use regulation. In each case, the conflict can be eliminated only by reducing the power of state and local regulators and/or by transferring some regulatory power from state and local institutions to federal institutions

Standards for Library Services to People in Institutions

published or submitted for publicatio

Consumer Class Actions Under the Uniform Deceptive Trade Practices Act

The Uniform Deceptive Trade Practices Act, presently in force in eight states, makes a private injunctive remedy available to persons likely to be damaged by misleading advertising, false disparagement, trade symbol infringement and other deceptive trade practices. This article explores the utility of the Uniform Act to individual consumers, and to groups of consumers. The procedural prerequisites of class actions under both the new and old versions of Rule 23 are considered in detail, and it is concluded that consumer class actions under the Uniform Act can provide an effective remedy for widespread and systematic consumer protection

Vibration analyzer

The invention relates to monitoring circuitry for the real time detection of vibrations of a predetermined frequency and which are greater than a predetermined magnitude. The circuitry produces an instability signal in response to such detection. The circuitry is particularly adapted for detecting instabilities in rocket thrusters, but may find application with other machines such as expensive rotating machinery, or turbines. The monitoring circuitry identifies when vibration signals are present having a predetermined frequency of a multi-frequency vibration signal which has an RMS energy level greater than a predetermined magnitude. It generates an instability signal only if such a vibration signal is identified. The circuitry includes a delay circuit which responds with an alarm signal only if the instability signal continues for a predetermined time period. When used with a rocket thruster, the alarm signal may be used to cut off the thruster if such thruster is being used in flight. If the circuitry is monitoring tests of the thruster, it generates signals to change the thruster operation, for example, from pulse mode to continuous firing to determine if the instability of the thruster is sustained once it is detected

Starry Messages: Searching for Signatures of Interstellar Archaeology

Searching for signatures of cosmic-scale archaeological artifacts such as Dyson spheres or Kardashev civilizations is an interesting alternative to conventional SETI. Uncovering such an artifact does not require the intentional transmission of a signal on the part of the original civilization. This type of search is called interstellar archaeology or sometimes cosmic archaeology. The detection of intelligence elsewhere in the Universe with interstellar archaeology or SETI would have broad implications for science. For example, the constraints of the anthropic principle would have to be loosened if a different type of intelligence was discovered elsewhere. A variety of interstellar archaeology signatures are discussed including non-natural planetary atmospheric constituents, stellar doping with isotopes of nuclear wastes, Dyson spheres, as well as signatures of stellar and galactic-scale engineering. The concept of a Fermi bubble due to interstellar migration is introduced in the discussion of galactic signatures. These potential interstellar archaeological signatures are classified using the Kardashev scale. A modified Drake equation is used to evaluate the relative challenges of finding various sources. With few exceptions interstellar archaeological signatures are clouded and beyond current technological capabilities. However SETI for so-called cultural transmissions and planetary atmosphere signatures are within reach.Comment: 29 pages including 4 figures and 1 tabl

Which Institution Should Determine Whether an Agency’s Explanation of a Tax Decision is Adequate?: A Response to Steve Johnson

This Essay responds to Professor Steve Johnson’s Article for the 2014 Duke Law Journal Administrative Law Symposium, Reasoned Explanation and IRS Adjudication. I first describe the ways in which courts have added burdensome procedures that are not required by the APA for the notice and comment process. Next, I explain why the Office of Information and Regulatory Affairs (OIRA) is better than courts at reviewing the adequacy of agency reasons for issuing a rule. Finally, I explain how courts can eliminate judicial review for the adequacy of the reasons IRS gives for issuing a rule by applying the traditional broad interpretations of the Anti-Injunction Act and the tax exception to the Declaratory Judgment Act

A Lexicographer\u27s Search

When I was researching my about-to-be-published A Glossary of Colonial American Words (Lederer\u27s Lexicon) I encountered only a handful for which I could not find definitions in the many sources available. Perhaps some of Word Ways readers can come up with definitions. Here are the stumpers