State Standing to Challenge Federal Authority in the Modern Administrative State

The modern administrative state relies on a model of shared governance. Federal regulatory regimes addressing a range of economic and social issues depend on the participation of state governments for their implementation. Although these state-federal partnerships are often cooperative, conflicts over the allocation of regulatory authority and administrative policy are inevitable. In recent years, states have sought to resolve some of these conflicts in the federal courts. Well-known state challenges to federal authority include challenges to environmental rules, health insurance legislation, and immigration policies. In these cases, courts have struggled to decide whether states have constitutional standing to bring suit against the federal government. This Article fills a gap in the legal scholarship by proposing a “governance” approach to state standing that would allow states to challenge federal authority when the federal statute at issue contemplates an implementation role for state governments. The governance approach finds support both in historical precedent and in modern regulatory reality. The approach makes state-standing doctrine less susceptible to judicial manipulation and ensures that courts focus on other threshold questions often obscured by overly broad, incoherent standing analyses

Constitutional Resilience

Since the New Deal era, our system of constitutional governance has relied on expansive federal authority to regulate economic and social problems of national scale. Throughout the twentieth century, Congress passed ambitious federal statutes designed to address these problems. In doing so, it often enlisted states as regulatory partners—creating a system of shared governance that underpins major environmental statutes, such as the Clean Water Act and the Clean Air Act. These governance structures remain important today as we seek to adapt our laws and institutions to the serious disruptions of climate change. But recent Supreme Court decisions challenge this long-established vision of governance. This raises a critical question: How resilient is our current system of constitutional governance? Originally applied to the natural sciences, resilience theory has since inspired scholars across disciplines to think about how social-ecological systems respond to disruptive change. At the heart of resilience thinking is an attempt to balance stability with change. But as legal scholars of adaptive governance have argued, if our normative goal is to promote the resilience of ecosystems and natural resources, our system of governance must also encourage an ecological resilience that supports the flexibility and adaptive capacity of our governing institutions and laws. Not surprisingly, the adaptive governance literature focuses on democratic processes and institutions at all levels of government. Constitutional design is a background condition rather than a feature of adaptive governance or decision making. But background conditions may impede or facilitate the emergence of adaptive laws. Moreover, the judicial interpretations of these conditions are less static and therefore capable of either facilitating or hindering the adaptive capacity of institutions and laws. The premise of this Article is that constitutional governance doctrines can and should balance the stability of static rule-of-law resilience with the flexibility required for adaptive governance in a climate-disrupted world. Judicial doctrines can enhance adaptive capacity by fostering shared, overlapping governance and regulatory flexibility. Unfortunately, recent doctrinal trends threaten to hinder adaptive capacity. This Article examines some of these constraining threads, including the narrowing of Congress’s authority under the Commerce Clause, the resurgence of the nondelegation doctrine, and doctrines governing state authority under the Dormant Commerce Clause

The hadronic models for cosmic ray physics: the FLUKA code solutions

FLUKA is a general purpose Monte Carlo transport and interaction code used for fundamental physics and for a wide range of applications. These include Cosmic Ray Physics (muons, neutrinos, EAS, underground physics), both for basic research and applied studies in space and atmospheric flight dosimetry and radiation damage. A review of the hadronic models available in FLUKA and relevant for the description of cosmic ray air showers is presented in this paper. Recent updates concerning these models are discussed. The FLUKA capabilities in the simulation of the formation and propagation of EM and hadronic showers in the Earth's atmosphere are shown.Comment: 8 pages, 9 figures. Invited talk presented by M.V. Garzelli at ISVHECRI2006, International Symposium on Very High Energy Cosmic Rays, Weihai, China, August 15 - 22 200

Bio-optical discrimination of diatoms from other phytoplankton in the surface ocean: Evaluation and refinement of a model for the Northwest Atlantic

© The Author(s), 2018. This article is distributed under the terms of the Creative Commons Attribution License. The definitive version was published in Remote Sensing of Environment 217 (2018): 126-143, doi:10.1016/j.rse.2018.08.010.Diatoms dominate global silica production and export production in the ocean; they form the base of productive food webs and fisheries. Thus, a remote sensing algorithm to identify diatoms has great potential to describe ecological and biogeochemical trends and fluctuations in the surface ocean. Despite the importance of detecting diatoms from remote sensing and the demand for reliable methods of diatom identification, there has not been a systematic evaluation of algorithms that are being applied to this end. The efficacy of these models remains difficult to constrain in part due to limited datasets for validation. In this study, we test a bio-optical algorithm developed by Sathyendranath et al. (2004) to identify diatom dominance from the relationship between ratios of remote sensing reflectance and chlorophyll concentration. We evaluate and refine the original model with data collected at the Martha's Vineyard Coastal Observatory (MVCO), a near-shore location on the New England shelf. We then validated the refined model with data collected in Harpswell Sound, Maine, a site with greater optical complexity than MVCO. At both sites, despite relatively large changes in diatom fraction (0.8–82% of chlorophyll concentration), the magnitude of variability in optical properties due to the dominance or non-dominance of diatoms is less than the variability induced by other absorbing and scattering constituents of the water. While the original model performance was improved through successive re-parameterizations and re-formulations of the absorption and backscattering coefficients, we show that even a model originally parameterized for the Northwest Atlantic and re-parameterized for sites such as MVCO and Harpswell Sound performs poorly in discriminating diatom-dominance from optical properties.This work was supported by: a Woods Hole Oceanographic Institution Summer Student Fellowship (NSF REU award #1156952) and a Bowdoin College Grua/O'Connell Research Award to SJK; grants to HMS from NASA (Ocean Biology and Biogeochemistry program and Biodiversity and Ecological Forecasting program), NSF (Ocean Sciences), the Gordon and Betty Moore Foundation, the Simons Foundation, and NOAA through the Cooperative Institute for the North Atlantic Region (CINAR) under Cooperative Agreement NA14OAR4320158; and grants to CSR from NASA (Ocean Biology and Biogeochemistry program)

Observed and Modeled Solar Cycle Variation in Geocoronal Hydrogen Using NRLMSISE-00 Thermosphere Conditions and the Bishop Analytic Exosphere Model

High precision observations during Solar Cycle 23 using the Wisconsin H‐alpha Mapper (WHAM) Fabry‐Perot quantify a factor of 1.5 ± 0.15 higher Balmer α column emission intensity during near‐solar‐maximum than during solar minimum conditions. An unresolved question is how does the observed solar cycle variation in the hydrogen column emission compare with that calculated from the hydrogen distribution in atmospheric models? We have compared WHAM solar minimum and near‐solar‐maximum column intensity observations with calculations using the thermospheric hydrogen density profile and background thermospheric conditions from the Mass Spectrometer Incoherent Scatter (NRLMSISE‐00) empirical model extended to exospheric altitudes using the analytic exosphere model of Bishop (1991). Using this distribution, we apply the lyao_rt global resonance radiative transfer code of Bishop (1999) to calculate expected intensities that would be observed from the ground for the viewing conditions of the observations. The observed intensities are brighter than those calculated for the corresponding conditions, indicating that when MSIS is used as the thermospheric hydrogen distribution the derived intensities are too low. Additionally, both the observed and calculated WHAM hydrogen column emission intensities are higher for near‐solar‐maximum than for solar minimum conditions. There is better agreement between observations and intensities calculated using the evaporative analytic exosphere model at solar maximum, suggesting an underestimation of modeled satellite atoms at high altitudes. This result is consistent with sensitivity studies using the option for a quasi‐exobase for satellite atoms to account for the creation of satellite orbits from charge exchange collisions

The Geocoronal H α Cascade Component Determined from Geocoronal H β Intensity Measurements

Geocoronal H α and H β intensity measurements using the Wisconsin H α Mapper Fabry-Perot are used to determine the intensity of the H α cascade component. From basic atomic physics and the work of Meier (1995), we show that the total cascade in geocoronal H α emission is 0.52 ± 0.03 times the geocoronal H β intensity, I(H β), for solar Lyman series excitation of geocoronal hydrogen. The results are consistent with the H α cascade measurements of Mierkiewicz et al. (2012), which were determined directly from the analysis of H α line profile measurements, and significantly narrow the range of uncertainty in the cascade measurement. Accounting for cascade is essential in determining exospheric effective temperatures and dynamics from the shape of the geocoronal H α line. --From publisher\u27s website

FORCE ANALYSIS OF THE UNDERWATER STATIONARY RUNNIG

It aimed to analyze the vertical component of the ground reaction force in the underwater stationary running. The sample was composed by 6 subjects divided in two groups (Male Group and Female Group). The underwater stationary running was performed in two immersion levels: in the hip level and in the xiphoid process level. An underwater force plate was used. For data analysis descriptive statistics was used. The mean values of vertical GRF were 2,08BW for the MG and 1,69BW for the FG in the hip level; 1,15BW for the MG and 1,12BW for the FG in the xiphoid process level. The results showed the vertical component of the GRF is affected by the immersion level and by the frequency of the activity. Both factors should be considered by professionals who work with therapeutic or physical conditioning programs using the underwater stationary running

Temperatura de cocultivo na transformação transiente de trigo mediada por Agrobacterium tumefaciens.

Editores técnicos: Joseani Mesquita Antunes, Ana Lídia Variani Bonato, Márcia Barrocas Moreira Pimentel

Observed Seasonal Variations in Exospheric Effective Temperatures

High spectral resolution line profile observations indicate a reproducible semi-annual variation in the geocoronal hydrogen Balmer α effective temperature. These observations were made between 08 January 2000 and 21 November 2001 from Pine Bluff Observatory (WI) with a second generation double etalon Fabry-Perot annular summing spectrometer operating at a resolving power of 80,000. This data set spans sixty-four nights of observations (1404 spectra in total) over 20 dark-moon periods. A two cluster Gaussian model fitting procedure is used to determine Doppler line widths, accounting for fine structure contributions to the line, including those due to cascade; cascade contributions at Balmer α are found to be 5 ± 3%. An observed decrease in effective temperature with increasing shadow altitude is found to be a persistent feature for every night in which a wide range of shadow altitudes were sampled. A semiannual variation is observed in the column exospheric effective temperature with maxima near day numbers 100 and 300 and minima near day numbers 1 and 200. Temperatures ranged from ∼710 to 975 K. Average MSIS model exobase temperatures for similar conditions are approximately 1.5× higher than those derived from the Balmer α observations, a difference likely due to contributions to the observed Balmer αcolumn emission from higher, cooler regions of the exosphere