The Political Safeguards of Horizontal Federalism

For decades, we have debated whether “political safeguards” preserve healthy relations between the states and the federal government and thus reduce or eliminate the need for judges to referee state–federal tussles. No one has made such an argument about relations among the states, however, and the few scholars to have considered the question insist that such safeguards don’t exist. This Article takes the opposite view and lays down the intellectual foundations for the political safeguards of horizontal federalism. If you want to know what unites the burgeoning work on horizontal federalism and illuminates the hidden logic of its doctrine, you need know only one fact: lawyers hate spillovers. Whether it is a state’s decision to license same-sex marriage or set high emissions standards or maintain lax gun-ownership rules, we worry when one state’s regulations affect residents in another state. And just as most scholars aspire to prevent spillovers, most look to the courts to fix the problem. The current state of the law and literature makes clear why no one has thought to develop a safeguards account of horizontal federalism to match the one that dominates debates over vertical federalism. Why bother with political safeguards if politics is the problem and the judiciary is the solution? In this Article, we don’t just question the consensus against spillovers but offer an affirmative account as to why much interstate conflict can or should be left to the free play of politics. Our argument emphasizes the democratic possibilities associated with spillovers and looks to vertical federalism as a model for thinking about how the states ought to interact with each other. Spillovers, after all, occur just as routinely between the state and federal government as they do between the states. State–federal friction, however, is understood to be both a problem and a valuable part of a well-functioning democracy. The same should be true of horizontal federalism. Our goal should not be to suppress friction but to harness it—to shut down damaging spillovers while allowing productive ones to run their course

The Political Safeguards of Horizontal Federalism

For decades, we have debated whether “political safeguards” preserve healthy relations between the states and the federal government and thus reduce or eliminate the need for judges to referee state–federal tussles. No one has made such an argument about relations among the states, however, and the few scholars to have considered the question insist that such safeguards don’t exist. This Article takes the opposite view and lays down the intellectual foundations for the political safeguards of horizontal federalism. If you want to know what unites the burgeoning work on horizontal federalism and illuminates the hidden logic of its doctrine, you need know only one fact: lawyers hate spillovers. Whether it is a state’s decision to license same-sex marriage or set high emissions standards or maintain lax gun-ownership rules, we worry when one state’s regulations affect residents in another state. And just as most scholars aspire to prevent spillovers, most look to the courts to fix the problem. The current state of the law and literature makes clear why no one has thought to develop a safeguards account of horizontal federalism to match the one that dominates debates over vertical federalism. Why bother with political safeguards if politics is the problem and the judiciary is the solution? In this Article, we don’t just question the consensus against spillovers but offer an affirmative account as to why much interstate conflict can or should be left to the free play of politics. Our argument emphasizes the democratic possibilities associated with spillovers and looks to vertical federalism as a model for thinking about how the states ought to interact with each other. Spillovers, after all, occur just as routinely between the state and federal government as they do between the states. State–federal friction, however, is understood to be both a problem and a valuable part of a well-functioning democracy. The same should be true of horizontal federalism. Our goal should not be to suppress friction but to harness it—to shut down damaging spillovers while allowing productive ones to run their course

Designing novel applications for emerging multimedia technology

Current R&D in media technologies such as Multimedia, Semantic Web and Sensor Web technologies are advancing in a fierce rate and will sure to become part of our important regular items in a 'conventional' technology inventory in near future. While the R&D nature of these technologies means their accuracy, reliability and robustness are not sufficient enough to be used in real world yet, we want to envision now the near-future where these technologies will have matured and used in real applications in order to explore and start shaping many possible new ways these novel technologies could be utilised. In this talk, some of this effort in designing novel applications that incorporate various media technologies as their backend will be presented. Examples include novel scenarios of LifeLogging application that incorporate automatic structuring of millions of photos passively captured from a SenseCam (wearable digital camera that automatically takes photos triggered by environmental sensors) and an interactive TV application incorporating a number of multimedia tools yet extremely simple and easy to use with a remote control in a lean-back position. The talk will conclude with remarks on how the design of novel applications that have no precedence or existing user base should require somewhat different approach from those suggested and practiced in conventional usability engineering methodology

Finding and Resolving Security Misusability with Misusability Cases

Although widely used for both security and usability concerns, scenarios used in security design may not necessarily inform the design of usability, and vice- versa. One way of using scenarios to bridge security and usability involves explicitly describing how design deci- sions can lead to users inadvertently exploiting vulnera- bilities to carry out their production tasks. This paper describes how misusability cases, scenarios that describe how design decisions may lead to usability problems sub- sequently leading to system misuse, address this problem. We describe the related work upon which misusability cases are based before presenting the approach, and illus- trating its application using a case study example. Finally, we describe some findings from this approach that further inform the design of usable and secure systems

Interaction design for supporting communication between Chinese sojourners

In our global village, distance is not a barrier anymore for traveling. People experience new cultures and face accompanying difficulties in order to live anywhere. Social support can help these sojourners to cope with difficulties, such as culture shock. In this paper, we investigate how computer-mediated communication (CMC) tools can facilitate social support when living physically separated from loved-ones in different cultures. The goal is to understand the design considerations necessary to design new CMC tools. We studied communication practices of Chinese sojourners living in the Netherlands and the use of a technology probe with a novel video communication system. These results led to recommendations which can help designers to design interactive communication tools that facilitate communication across cultures. We conclude the paper with an interactive communication device called Circadian, which was designed based on these recommendations. We experienced the design recommendations to be abstract enough to leave space for creativity while providing a set of clear requirements which we used to base design decisions upon

Applying Contextual integrity to Open Data Publishing

Open data publishing by both corporate and public bodies has increased significantly in recent years and this type of data could soon be developing into a real commodity. However, not all organisations pay sufficient heed to privacy as part of the decision-making process around open data publication, leaving both the organisation and the users whose data they handle vulnerable to privacy breaches. We present a case study in which we applied contextual integrity in practice, working with a UK local authority using real data. This illustrated how privacy can be incorporated into the decision-making process prior to publication taking place. Our results illustrate the application of Nissenbaum's Contextual Integrity Framework (CI) to the open data domain, and shows that CI is usable in practice

Learners in a Changing Learning Landscape: Reflections from an Instructional Design Perspective

Van Merriënboer, J. J. G., & Stoyanov, S. (2008). Learners in a changing learning landscape: Reflections from an instructional design perspective. In J. Visser & M. Visser-Valfrey (Eds.), Learners in a changing learning landscape: Reflections from a dialogue on new roles and expectations (pp. 69-90). Dordrecht, The Netherlands: Springer.Both learners and teachers find themselves in a learning landscape that is rapidly changing, along with fast societal and technological developments. This paper discusses the new learning landscape from an instructional design perspective. First, with regard to what is learned, people more than ever need flexible problem-solving and reasoning skills allowing them to deal with new, unfamiliar problem situations in their professional and everyday life. Second, with regard to the context in which learning takes place, learning in technology-rich, informal and professional 24/7 settings is becoming general practice. And third, with regard to the learners themselves, they can more often be characterized as lifelong learners who are mature, bring relevant prior knowledge, and have very heterogeneous expectations and perceptions of learning. High-quality instructional design research should focus on the question which instructional methods and media-method combinations are effective, efficient and appealing in this new learning landscape. Some innovative instructional methods that meet this requirement are discussed