Willful Blindness: Federal Agencies\u27 Failure to Comply with the Regulatory Flexibility Act\u27s Periodic Review Requirement-And Current Proposals to Invigorate the Act

The Article first explains the basic requirements of the Regulatory Flexibility Act, and in particular focuses on the periodic review requirement contained in Section 610. It traces the history of Presidential efforts through the promulgation of executive orders to delay the implementation of regulations and require agencies to consult with regulated industries. Reviewing agency action from 1997-2005 following Section 610 review, it found agencies are confused as to when review is necessary, and, though Section 610 is meant to decrease the regulatory burden on small business, agencies often increase the regulatory burden on small business. It concludes the key problem regarding Section 610 agency is the very low review rate, and provides several legislative resolutions meant to compel agency review and greater small business participation in regulatory decision-making

Constitutional Analogies in the International Legal System

This Article explores issues at the frontier of international law and constitutional law. It considers five key structural and systemic challenges that the international legal system now faces: (1) decentralization and disaggregation; (2) normative and institutional hierarchies; (3) compliance and enforcement; (4) exit and escape; and (5) democracy and legitimacy. Each of these issues raises questions of governance, institutional design, and allocation of authority paralleling the questions that domestic legal systems have answered in constitutional terms. For each of these issues, I survey the international legal landscape and consider the salience of potential analogies to domestic constitutions, drawing upon and extending the writings of international legal scholars and international relations theorists. I also offer some preliminary thoughts about why some treaties and institutions, but not others, more readily lend themselves to analysis in constitutional terms. And I distinguish those legal and political issues that may generate useful insights for scholars studying the growing intersections of international and constitutional law from other areas that may be more resistant to constitutional analogies

The Chagos Islands cases: the empire strikes back

Good governance requires the accommodation of multiple interests in the cause of decision making. However, undue regard for particular sectional interests can take their toll upon public faith in government administration. Historically, broad conceptions of the good of the commonwealth were employed to outweigh the interests of groups that resisted colonisation. In the decision making of the British Empire, the standard approach for justifying the marginalisation of the interests of colonised groups was that they were uncivilised and that particular hardships were the price to be paid for bringing to them the imperial dividend of industrial society. It is widely assumed that with the dismantling of the British Empire, such impulses and their accompanying jurisprudence became a thing of the past. Even as decolonisation proceeded apace after the Second World War, however, the United Kingdom maintained control of strategically important islands with a view towards sustaining its global role. In an infamous example from this twilight period of empire, in the 1960s imperial interests were used to justify the expulsion of the Chagos islanders from the British Indian Ocean Territory (BIOT). Into the twenty-first century, this forced elision of the UK’s interests with the imperial “common good” continues to take centre stage in courtroom battles over the islanders’ rights, being cited before domestic and international tribunals in order to maintain the Chagossians’ exclusion from their homeland. This article considers the new jurisprudence of imperialism which has emerged in a string of decisions which have continued to marginalise the Chagossians’ interests

Time-scales of close-in exoplanet radio emission variability

We investigate the variability of exoplanetary radio emission using stellar magnetic maps and 3D field extrapolation techniques. We use a sample of hot Jupiter hosting stars, focusing on the HD 179949, HD 189733 and tau Boo systems. Our results indicate two time-scales over which radio emission variability may occur at magnetised hot Jupiters. The first is the synodic period of the star-planet system. The origin of variability on this time-scale is the relative motion between the planet and the interplanetary plasma that is co-rotating with the host star. The second time-scale is the length of the magnetic cycle. Variability on this time-scale is caused by evolution of the stellar field. At these systems, the magnitude of planetary radio emission is anticorrelated with the angular separation between the subplanetary point and the nearest magnetic pole. For the special case of tau Boo b, whose orbital period is tidally locked to the rotation period of its host star, variability only occurs on the time-scale of the magnetic cycle. The lack of radio variability on the synodic period at tau Boo b is not predicted by previous radio emission models, which do not account for the co-rotation of the interplanetary plasma at small distances from the star.Comment: 10 pages, 7 figures, 2 tables, accepted in MNRA

Divergence-free Nonrenormalizable Models

A natural procedure is introduced to replace the traditional, perturbatively generated counter terms to yield a formulation of covariant, self-interacting, nonrenormalizable scalar quantum field theories that has the added virtue of exhibiting a divergence-free perturbation analysis. To achieve this desirable goal it is necessary to reexamine the meaning of the free theory about which such a perturbation takes place.Comment: 22 pages. Version accepted for publication; involves modest addition to the end of Sec.

Reframing Kurtz’s Painting: Colonial Legacies and Minority Rights in Ethnically Divided Societies

Minority rights constitute some of the most normatively and economically important human rights. Although the political science and legal literatures have proffered a number of constitutional and institutional design solutions to address the protection of minority rights, these solutions are characterized by a noticeable neglect of, and lack of sensitivity to, historical processes. This Article addresses that gap in the literature by developing a causal argument that explains diverging practices of minority rights protections as functions of colonial governments’ variegated institutional practices with respect to particular ethnic groups. Specifically, this Article argues that in instances where colonial governments politicize and institutionalize ethnic hegemony in the pre-independence period, an institutional legacy is created that leads to lower levels of minority rights protections. Conversely, a uniform treatment and depoliticization of ethnicity prior to independence ultimately minimizes ethnic cleavages post-independence and consequently causes higher levels of minority rights protections. Through a highly structured comparative historical analysis of Botswana and Ghana, this Article builds on a new and exciting research agenda that focuses on the role of long-term historio-structural and institutional influences on human rights performance and makes important empirical contributions by eschewing traditional methodologies that focus on single case studies that are largely descriptive in their analyses. Ultimately, this Article highlights both the strength of a historical approach to understanding current variations in minority rights protections and the varied institutional responses within a specific colonial government

A new orthogonalization procedure with an extremal property

Various methods of constructing an orthonomal set out of a given set of linearly independent vectors are discussed. Particular attention is paid to the Gram-Schmidt and the Schweinler-Wigner orthogonalization procedures. A new orthogonalization procedure which, like the Schweinler- Wigner procedure, is democratic and is endowed with an extremal property is suggested.Comment: 7 pages, latex, no figures, To appear in J. Phys