Administrative Process Reform in a Discretionary Age: The Role of Social Consequences

The basic rulemaking procedures of the Administrative Procedure Act have remained intact for thirty-eight years, but now Congress is seriously considering reform of those generic rules. To evaluate the merits of these reform proposals, we must develop criteria against which to judge them. Although procedural reforms are commonly judged against the goals of fairness, accuracy, and procedural efficiency, Professors Schroeder and Magat argue that these are insufficient criteria to apply to administrative process reforms at a time when agencies possess substantial discretion in the rulemaking process. In such a context, procedures have an impact on society in ways not adequately evaluated by the traditional criteria. Discretion means that agencies may choose from a set of possible rules, none of which has been foreclosed by the enabling legislation of the agency. Procedures influence which choices the agency makes and, because these choices alter the regulations and restrictions under which society operates, they affect the social consequences of regulation. This article describes a model of participant behavior necessary to trace the effects of procedures on the social consequences of regulation, articulates a set of criteria to evaluate these social consequences, and then analyzes two frequently proposed generic reforms to the APA: mandatory regulatory impact analysis and oversight by the Office of Management and Budget

Optical signatures of quantum delocalization over extended domains in photosynthetic membranes

The prospect of coherent dynamics and excitonic delocalization across several light-harvesting structures in photosynthetic membranes is of considerable interest, but challenging to explore experimentally. Here we demonstrate theoretically that the excitonic delocalization across extended domains involving several light-harvesting complexes can lead to unambiguous signatures in the optical response, specifically, linear absorption spectra. We characterize, under experimentally established conditions of molecular assembly and protein-induced inhomogeneities, the optical absorption in these arrays from polarized and unpolarized excitation, and demonstrate that it can be used as a diagnostic tool to determine the coherent coupling among iso-energetic light-harvesting structures. The knowledge of these couplings would then provide further insight into the dynamical properties of transfer, such as facilitating the accurate determination of F\"orster rates.Comment: 4 figures and Supplementary information with 7 figures. To appear in Journal of physical chemistry A, 201

PRODUCTION AGRICULTURE AS A KNOWLEDGE CREATING SYSTEM

Production Economics,

Clinical Outcomes After Four-Level Anterior Cervical Discectomy and Fusion.

Study Design: Retrospective cohort study. Objectives: Anterior cervical discectomy and fusion (ACDF) demonstrates reliable improvement in neurologic symptoms associated with anterior compression of the cervical spine. There is a paucity of data on outcomes following 4-level ACDFs. The purpose of this study was to evaluate clinical outcomes for patients undergoing 4-level ACDF. Methods: All 4-level ACDFs with at least 1-year clinical follow-up were identified. Clinical outcomes, including fusion rates, neurologic outcomes, and reoperation rates were determined. Results: Retrospective review of our institutional database revealed 25 patients who underwent 4-level ACDF with at least 1-year clinical follow-up. Average age was 57.5 years (range 38.2-75.0 years); 14 (56%) were male, and average body mass index was 30.2 kg/m Conclusions: Review of our institution\u27s experience demonstrated a low rate of revision cervical surgery for any reason of 8% at mean 19 months follow-up, and neurological examinations consistently improved, despite a high rate of radiographic nonunion (31%)

Psychopharmacologic Treatment of Children Prenatally Exposed to Drugs of Abuse

Objective This pilot study compared the pharmacologic treatment history and clinical outcomes observed in pediatric outpatients with psychiatric disorders exposed to drugs of abuse in utero to those of an age-matched, sex-matched and psychiatric disorder-matched, non-drug-exposed group. Methods In this matched cohort study, medical records of children treated at an academic, child and adolescent psychiatry outpatient clinic were reviewed. Children with caregiver-reported history of prenatal drug exposure were compared with a non-drug-exposed control group being cared for by the same providers. Patients were rated with the Clinical Global Impressions—Severity scale (CGI-S) throughout treatment. The changes in pre-treatment and post-treatment CGI-S scores and the total number of medication trials were determined between groups. Results The drug-exposed group (n = 30) had a higher total number of lifetime medication trials compared with the non-drug-exposed group (n = 28) and were taking significantly more total medications, at their final assessment. Unlike the non-drug-exposed group, the drug-exposed group demonstrated a lack of clinical improvement. Conclusions These results suggest that in utero drug-exposed children may be more treatment-refractory to or experience greater side effects from the pharmacologic treatment of psychiatric disorders than controls, although we cannot determine if early environment or drugs exposure drives these findings

The Role and Responsibility of the Public

It\u27s the title of the conference—the court of public opinion—and the topic of this panel. Professor Christopher Schroeder of Duke Law School is joined by media and public policy professor Kim Gross, senior attorney for the Institute for Justice Scott Bullock, and litigation director of the ACLU Steve Shapiro to contemplate both the influence of the media on public opinion and ways to use the media as an advocacy tool. Gross discusses her research into the influence of media coverage on the public, followed by Bullock and Shapiro who explain the ways in which public interest law may choose to incorporate a media strategy into a larger legal battle. Questions/themes/discussion topics Media framing How media coverage can influence public opinion Factors that influence the media\u27s power How the Duke lacrosse case differs from typical crime coverage Legal strategies of public interest organizations Winning in the court of law, but losing in the court of public opinion Losing in the court of law, but winning in the court of public opinio

Subglacial roughness of the Greenland Ice Sheet: relationship with contemporary ice velocity and geology

The subglacial environment of the Greenland Ice Sheet (GrIS) is poorly constrained both in its bulk properties, for example geology, the presence of sediment, and the presence of water, and interfacial conditions, such as roughness and bed rheology. There is, therefore, limited understanding of how spatially heterogeneous subglacial properties relate to ice-sheet motion. Here, via analysis of 2 decades of radio-echo sounding data, we present a new systematic analysis of subglacial roughness beneath the GrIS. We use two independent methods to quantify subglacial roughness: first, the variability in along-track topography – enabling an assessment of roughness anisotropy from pairs of orthogonal transects aligned perpendicular and parallel to ice flow and, second, from bed-echo scattering – enabling assessment of fine-scale bed characteristics. We establish the spatial distribution of subglacial roughness and quantify its relationship with ice flow speed and direction. Overall, the beds of fast-flowing regions are observed to be rougher than the slow-flowing interior. Topographic roughness exhibits an exponential scaling relationship with ice surface velocity parallel, but not perpendicular, to flow direction in fast-flowing regions, and the degree of anisotropy is correlated with ice surface speed. In many slow-flowing regions both roughness methods indicate spatially coherent regions of smooth beds, which, through combination with analyses of underlying geology, we conclude is likely due to the presence of a hard flat bed. Consequently, the study provides scope for a spatially variable hard- or soft-bed boundary constraint for ice-sheet models

Statistics of counter-streaming solar wind suprathermal electrons at solar minimum : STEREO observations

Previous work has shown that solar wind suprathermal electrons can display a number of features in terms of their anisotropy. Of importance is the occurrence of counter-streaming electron patterns, i.e., with "beams" both parallel and anti-parallel to the local magnetic field, which is believed to shed light on the heliospheric magnetic field topology. In the present study, we use STEREO data to obtain the statistical properties of counter-streaming suprathermal electrons (CSEs) in the vicinity of corotating interaction regions (CIRs) during the period March–December 2007. Because this period corresponds to a minimum of solar activity, the results are unrelated to the sampling of large-scale coronal mass ejections, which can lead to CSE owing to their closed magnetic field topology. The present study statistically confirms that CSEs are primarily the result of suprathermal electron leakage from the compressed CIR into the upstream regions with the combined occurrence of halo depletion at 90° pitch angle. The occurrence rate of CSE is found to be about 15–20% on average during the period analyzed (depending on the criteria used), but superposed epoch analysis demonstrates that CSEs are preferentially observed both before and after the passage of the stream interface (with peak occurrence rate >35% in the trailing high speed stream), as well as both inside and outside CIRs. The results quantitatively show that CSEs are common in the solar wind during solar minimum, but yet they suggest that such distributions would be much more common if pitch angle scattering were absent. We further argue that (1) the formation of shocks contributes to the occurrence of enhanced counter-streaming sunward-directed fluxes, but does not appear to be a necessary condition, and (2) that the presence of small-scale transients with closed-field topologies likely also contributes to the occurrence of counter-streaming patterns, but only in the slow solar wind prior to CIRs

Self-affine subglacial roughness:consequences for radar scattering and basal water discrimination in northern Greenland

Subglacial roughness can be determined at a variety of length scales from radio-echo sounding (RES) data either via statistical analysis of topography or inferred from basal radar scattering. Past studies have demonstrated that subglacial terrain exhibits self-affine (power law) roughness scaling behaviour, but existing radar scattering models do not take this into account. Here, using RES data from northern Greenland, we introduce a self-affine statistical framework that enables a consistent integration of topographicscale roughness with the electromagnetic theory of radar scattering. We demonstrate that the degree of radar scattering, quantified using the waveform abruptness (pulse peakiness), is topographically controlled by the Hurst (roughness power law) exponent. Notably, specular bed reflections are associated with a lower Hurst exponent, with diffuse scattering associated with a higher Hurst exponent. Abrupt waveforms (specular reflections) have previously been used as a RES diagnostic for basal water, and to test this assumption we compare our radar scattering map with a recent prediction for the basal thermal state. We demonstrate that the majority of thawed regions (above pressure melting point) exhibit a diffuse scattering signature, which is in contradiction to the prior approach. Self-affine statistics provide a generalised model for subglacial terrain and can improve our understanding of the relationship between basal properties and ice-sheet dynamics.</p