Formal Versus Functional Method in Comparative Constitutional Law

In the field of comparative constitutional law, the dominant approach to concept formation and research design is formal. That is, comparative projects generally identify what counts as the supreme law that can be enforced against all other sources of law based on the “constitutional” label of the positive law (written constitutions and the jurisprudence of constitutional courts) and the law books. This formal method, however, has significant limitations when compared with the functional method used in the field of comparative law more generally speaking. After a brief exposition of the functional method, this article explores the advantages of the functional method as applied to comparative constitutional law with the problem of judicial review (based on the supreme law) of social and economic policy-making in France, the United States, and Germany. Only in Germany is this law contained in constitutional law. In France, the supreme law is to be found largely in administrative law, because the constitutional court faces an institutional competitor, some would say superior, in the highest administrative court (Conseil d’État). In the United States, the supreme law is to be found in administrative law because economic and social rights—the rights that most directly affect this area of state activity—have largely been read out of constitutional law. Based on the functional method, the article proceeds to identify the similarities that unite the law of France and Germany and that set it apart from the law of the United States. It also outlines the important avenues of theoretical inquiry triggered by these similarities and differences in judicial review. The article concludes by sketching a functional agenda for empirical research in comparative constitutional law

Tradable Pollution Permits and the Regulatory Game

This paper analyzes polluters\u27 incentives to move from a traditional command and control (CAC) environmental regulatory regime to a tradable permits (TPP) regime. Existing work in environmental economics does not model how firms contest and bargain over actual regulatory implementation in CAC regimes, and therefore fail to compare TPP regimes with any CAC regime that is actually observed. This paper models CAC environmental regulation as a bargaining game over pollution entitlements. Using a reduced form model of the regulatory contest, it shows that CAC regulatory bargaining likely generates a regulatory status quo under which firms with the highest compliance costs bargain for the smallest pollution reductions, or even no reduction at all. As for a tradable permits regime, it is shown that all firms are better off under such a regime than they would be under an idealized CAC regime that set and enforced a uniform pollution standard, but permit sellers (low compliance cost firms) may actually be better off under a TPP regime with relaxed aggregate pollution levels. Most importantly, because high cost firms (or facilities) are the most weakly regulated in the equilibrium under negotiated or bargained CAC regimes, they may be net losers in a proposed move to a TPP regime. When equilibrium costs under a TPP regime are compared with equilibrium costs under a status quo CAC regime, several otherwise paradoxical aspects of firm attitudes toward TPP type reforms can be explained. In particular, the otherwise paradoxical pattern of allowances awarded under Phase II of the 1990 Clean Air Act\u27s acid rain program, a pattern tending to favor (in Phase II) cleaner, newer generating units, is explained by the fact that under the status quo regime, a kind of bargained CAC, it was the newer cleaner units that were regulated, and which therefore had higher marginal control costs than did the largely unregulated older, plants. As a normative matter, the analysis here implies that the proper baseline for evaluating TPP regimes such as those contained in the Bush Administration\u27s recent Clear Skies initiative is not idealized, but nonexistent CAC regulatory outcomes, but rather the outcomes that have resulted from the bargaining game set up by CAC laws and regulations

Branonium

We study the bound states of brane/antibrane systems by examining the motion of a probe antibrane moving in the background fields of N source branes. The classical system resembles the point-particle central force problem, and the orbits can be solved by quadrature. Generically the antibrane has orbits which are not closed on themselves. An important special case occurs for some Dp-branes moving in three transverse dimensions, in which case the orbits may be obtained in closed form, giving the standard conic sections but with a nonstandard time evolution along the orbit. Somewhat surprisingly, in this case the resulting elliptical orbits are exact solutions, and do not simply apply in the limit of asymptotically-large separation or non-relativistic velocities. The orbits eventually decay through the radiation of massless modes into the bulk and onto the branes, and we estimate this decay time. Applications of these orbits to cosmology are discussed in a companion paper.Comment: 34 pages, LaTeX, 4 figures, uses JHEP

Casimir Energies for 6D Supergravities Compactified on T_2/Z_N with Wilson Lines

We compute (as functions of the shape and Wilson-line moduli) the one-loop Casimir energy induced by higher-dimensional supergravities compactified from 6D to 4D on 2-tori, and on some of their Z_N orbifolds. Detailed calculations are given for a 6D scalar field having an arbitrary 6D mass m, and we show how to extend these results to higher-spin fields for supersymmetric 6D theories. Particular attention is paid to regularization issues and to the identification of the divergences of the potential, as well as the dependence of the result on m, including limits for which m^2 A> 1 where A is the volume of the internal 2 dimensions. Our calculation extends those in the literature to very general boundary conditions for fields about the various cycles of these geometries. The results have potential applications towards Supersymmetric Large Extra Dimensions (SLED) as a theory of the Dark Energy. First, they provide an explicit calculation within which to follow the dependence of the result on the mass of the bulk states which travel within the loop, and for heavy masses these results bear out the more general analysis of the UV-sensitivity obtained using heat-kernel methods. Second, because the potentials we find describe the dynamics of the classical flat directions of these compactifications, within SLED they would describe the present-day dynamics of the Dark Energy.Comment: 40 pages, 7 figure

MSLED, Neutrino Oscillations and the Cosmological Constant

We explore the implications for neutrino masses and mixings within the minimal version of the supersymmetric large-extra-dimensions scenario (MSLED). This model was proposed in {\tt hep-ph/0404135} to extract the phenomenological implications of the promising recent attempt (in {\tt hep-th/0304256}) to address the cosmological constant problem. Remarkably, we find that the simplest couplings between brane and bulk fermions within this approach can lead to a phenomenologically-viable pattern of neutrino masses and mixings that is also consistent with the supernova bounds which are usually the bane of extra-dimensional neutrino models. Under certain circumstances the MSLED scenario can lead to a lepton mixing (PMNS) matrix close to the so-called bi-maximal or the tri-bimaximal forms (which are known to provide a good description of the neutrino oscillation data). We discuss the implications of MSLED models for neutrino phenomenology.Comment: 38 pages, 1 figure; Reposted with a few additional reference

de Sitter String Vacua from Supersymmetric D-terms

We propose a new mechanism for obtaining de Sitter vacua in type IIB string theory compactified on (orientifolded) Calabi-Yau manifolds similar to those recently studied by Kachru, Kallosh, Linde and Trivedi (KKLT). dS vacuum appears in KKLT model after uplifting an AdS vacuum by adding an anti-D3-brane, which explicitly breaks supersymmetry. We accomplish the same goal by adding fluxes of gauge fields within the D7-branes, which induce a D-term potential in the effective 4D action. In this way we obtain dS space as a spontaneously broken vacuum from a purely supersymmetric 4D action. We argue that our approach can be directly extended to heterotic string vacua, with the dilaton potential obtained from a combination of gaugino condensation and the D-terms generated by anomalous U(1) gauge groups.Comment: 17 pages, 1 figur