Distinguishing the “Truly National” From the “Truly Local”: Customary Allocation, Commercial Activity, and Collective Action

This Essay makes two claims about different methods of defining the expanse and limits of the Commerce Clause. My first claim is that approaches that privilege traditional subjects of state regulation are unworkable and undesirable. These approaches are unworkable in light of the frequency with which the federal government and the states regulate the same subject matter in our world of largely overlapping federal and state legislative jurisdiction. The approaches are undesirable because the question of customary allocation is unrelated to the principal reason why Congress possesses the power to regulate interstate commerce: solving collective action problems involving multiple states. These problems are evident in the way that some federal judges invoked regulatory custom in litigation over the constitutionality of the minimum coverage provision in the Patient Protection and Affordable Care Act. The areas of health insurance and health care are not of exclusive state concern, and it is impossible to lose—or to win—a competition requiring skillful lawyers or judges to describe them as more state than federal, or more federal than state. Nor is it most important what the answer is. More promising are the approaches that view congressional authority as turning on either commercial activity or collective action problems facing the states. My second claim is that these two approaches have advantages and disadvantages, and that the choice between them exemplifies the more general tension between applying rules and applying their background justifications. I have previously defended a collective action approach to Article I, Section 8. My primary purpose in this Essay is to clarify the jurisprudential stakes in adopting one method or the other and to identify the problems that advocates of each approach must address

Reconstructing World Politics: Norms, Discourse, and Community

This Article argues that the conventional (rationalist) approach to world politics characterized by political bargain cannot fully capture the new social reality under the contemporary global ambience where ideational factors such as ideas, values, culture, and norms have become more salient and influential not only in explaining but also in prescribing state behaviors. After bringing rationalism’s paradigmatic limitations into relief, the Article offers a sociological framework that highlights a reflective, intersubjective communication among states and consequent norm-building process. Under this new paradigm, one can understand an international organization as a “community” (Gemeinschaft), not as a mere contractual instrument of its contracting parties (Gesellschaft). The Article applies the new paradigm to the World Trade Organization (WTO) as it describes the WTO’s institutional evolution from a power-oriented, tariff-reducing contract to a norm-oriented world trade community

On the de Haas-van Alphen effect in inhomogeneous alloys

We show that Landau level broadening in alloys occurs naturally as a consequence of random variations in the local quasiparticle density, without the need to consider a relaxation time. This approach predicts Lorentzian-broadened Landau levels similar to those derived by Dingle using the relaxation-time approximation. However, rather than being determined by a finite relaxation time $\tau$, the Landau-level widths instead depend directly on the rate at which the de Haas-van Alphen frequency changes with alloy composition. The results are in good agreement with recent data from three very different alloy systems.Comment: 5 pages, no figure

Real-time electron nanoscopy of photovoltaic absorber formation from kesterite nanoparticles

Cu2ZnSnS4 nanocrystals are annealed in a Se-rich atmosphere inside a transmission electron microscope. During the heating phase, a complete S-Se exchange reaction occurs while the cation sublattice and morphology of the nanocrystals are preserved. At the annealing temperature, growth of large Cu2ZnSnSe4 grains with increased cation ordering is observed in real-time. Thisyields an annealing protocol which is transferred to an industrially-similar solar cell fabrication process resulting in a 33% increase in the device open circuit voltage. The approach can be applied to improve the performance of any photovoltaic technology that requires annealing because of the criticality of the process step