Preemption in the Rehnquist and Roberts Courts: An Empirical Analysis

This article presents an empirical analysis of the Rehnquist Court’s and the Roberts Court’s decisions on the federal (statutory) preemption of state law. In addition to raw outcomes for or against preemption, we examine cases by subject-matter, level of judicial consensus, tort versus regulatory preemption, party constellation, and origin in state or federal court. We present additional data and analysis on the role of state amici and of the U.S. Solicitor General in preemption cases, and we examine individual justices’ voting records. Among our findings, one stands out: over time and especially under the Roberts Court, lawyerly preemption questions have assumed a distinctly ideological flavor. Preemption cases are much more likely to be contested than they were in earlier decades; and in those cases, once-rare judicial bloc voting has become common

Marking Drosophila suzukii (Diptera: Drosophilidae) With Rubidium or ¹⁵N

Drosophila suzukii Matsumura (Diptera: Drosophilidae) has caused significant economic damage to berry and stone fruit production regions. Markers that are systemic in plants and easily transferred to target organisms are needed to track D. suzukii exploitation of host resources and trophic interactions. High and low concentrations of the trace element, rubidium (Rb), and the stable isotope, ¹⁵N, were tested to mark D. suzukii larvae feeding on fruits of enriched strawberry plants grown in containers under greenhouse conditions. Fly marker content and proportion of flies marked 1, 7, and 14 d after emergence from enriched fruits and fly dry mass were analyzed. Nearly 100% of the flies analyzed 14 d after emerging from ¹⁵N-enriched plants were marked, whereas only 30–75% and 0–3% were marked 14 d after emerging from high and low Rb concentration plants, respectively. Rapid Rb decay, strong ¹⁵N persistence, and the economics of using these markers in the field to elucidate D. suzukii pest ecology are discussed.Keywords: ¹⁵N, spotted wing drosophila, rubidium, strawberry, insect markingKeywords: ¹⁵N, spotted wing drosophila, rubidium, strawberry, insect markin

Distribution and activity of Drosophila suzukii in cultivated raspberry and surrounding vegetation

Spotted wing drosophila, Drosophila suzukii (Matsumura) (Diptera: Drosophilidae), may utilize wild ‘Himalaya’ blackberry (HB) Rubus armeniacus Focke or other non-crop plants as refugia and possibly exploit adjacent field margins before colonizing cultivated fruiting crops. Studies were conducted to determine the role of field margins containing HB and their effect on D. suzukii activity, density and distribution in an adjacent commercial red raspberry crop. One-ha plots adjacent to field margins containing HB or known non-host (NH) grass crops were established in 2011 and 2012 and replicated three times. Each plot contained two transects with monitoring traps for D. suzukii in the field margin (0 m) and spaced approximately 10 (crop boundary), 40, 70 and 100 m into the adjacent crop (n = 10 traps/plot). Field margin vegetation was treated with a 10% chicken egg white mark solution weekly from pre-harvest until the end of harvest using a cannon sprayer. Adult D. suzukii were collected from traps weekly and analysed for the presence of the egg white mark using an egg white-specific enzyme-linked immunosorbent assay (ELISA). During both years, marked flies and total flies were captured in higher numbers in HB field margins, whereas virtually no flies were captured in field margins containing no known alternative host. Similarly, more flies were captured in the crop near HB than near NH. Spatial Analysis by Distance IndicEs (SADIE) and mean D. suzukii trap captures additionally displayed significantly higher fly densities in the raspberry field near HB than near NH. These results suggest that HB may contribute to elevated D. suzukii populations and pest pressure in comparison with field margins containing no known alternate host vegetation for D. suzukii. Having closely adjacent non-crop alternate host landscapes may result in increased D. suzukii pest pressure

Quantum-Classical Transition of the Escape Rate of a Uniaxial Spin System in an Arbitrarily Directed Field

The escape rate \Gamma of the large-spin model described by the Hamiltonian H = -DS_z^2 - H_zS_z - H_xS_x is investigated with the help of the mapping onto a particle moving in a double-well potential U(x). The transition-state method yields $\Gamma$ in the moderate-damping case as a Boltzmann average of the quantum transition probabilities. We have shown that the transition from the classical to quantum regimes with lowering temperature is of the first order (d\Gamma/dT discontinuous at the transition temperature T_0) for h_x below the phase boundary line h_x=h_{xc}(h_z), where h_{x,z}\equiv H_{x,z}/(2SD), and of the second order above this line. In the unbiased case (H_z=0) the result is h_{xc}(0)=1/4, i.e., one fourth of the metastability boundary h_{xm}=1, at which the barrier disappears. In the strongly biased limit \delta\equiv 1-h_z << 1, one has h_{xc} \cong (2/3)^{3/4}(\sqrt{3}-\sqrt{2})\delta^{3/2}\cong 0.2345 \delta^{3/2}, which is about one half of the boundary value h_{xm} \cong (2\delta/3)^{3/2} \cong 0.5443 \delta^{3/2}.The latter case is relevant for experiments on small magnetic particles, where the barrier should be lowered to achieve measurable quantum escape rates.Comment: 17 PR pages, 16 figures; published versio

Optimal Design of Intervention Studies to Prevent Influenza in Healthy Cohorts

Background: Influenza cohort studies, in which participants are monitored for infection over an epidemic period, are invaluable in assessing the effectiveness of control measures such as vaccination, antiviral prophylaxis and nonpharmaceutical interventions (NPIs). Influenza infections and illnesses can be identified through a number of approaches with different costs and logistical requirements. Methodology and Principal Findings: In the context of a randomized controlled trial of an NPI with a constrained budget, we used a simulation approach to examine which approaches to measuring outcomes could provide greater statistical power to identify an effective intervention against confirmed influenza. We found that for a short epidemic season, the optimal design was to collect respiratory specimens at biweekly intervals, as well as following report of acute respiratory illness (ARI), for virologic testing by reverse transcription polymerase chain reaction (RT-PCR). Collection of respiratory specimens only from individuals reporting ARI was also an efficient design particularly for studies in settings with longer periods of influenza activity. Collection of specimens only from individuals reporting a febrile ARI was less efficient. Collection and testing of sera before and after influenza activity appeared to be inferior to collection of respiratory specimens for RT-PCR confirmation of acute infections. The performance of RT-PCR was robust to uncertainty in the costs and diagnostic performance of RT-PCR and serological tests

The limits to libertarian paternalism: two new critiques, and seven best practice imperatives

publication-status: AcceptedCopyright © 2012 PionGill N, Gill M, 2012. The definitive, peer-reviewed and edited version of this article is published in Environment and Planning C, 2012, Vol. 30, Issue 5, pp. 924 - 940Behavioural economists argue that humans are predictably irrational in various ways, as a result of which there appears to be a role for public policy to improve their decision-making. We offer a sympathetic critique of this so-called ‘libertarian paternalist’ approach. As well as reviewing existing critiques, we present two new arguments. First, we question the use of libertarian paternalism in situations where the social good is invoked to justify policies that are not beneficial to the individuals directly affected. Second, we highlight the potentially adverse consequences of poorly targeted libertarian paternalist techniques. The penultimate section then brings together the existing critiques and the new arguments to offer seven best practice imperatives for the reflective application of these powerful, but easily misused, tools of government. We conclude with some brief reflections on what freedom might mean in the context of libertarian paternalist governance

The Impact of Political Leaders' Profession and Education on Reforms

This paper analyzes whether the educational and professional background of a head of government matters for the implementation of market-liberalizing reforms. Employing panel data over the period 1970-2002, we present empirical evidence based on a novel data set covering profession and education of more than 500 political leaders from 73 countries. Our results show that entrepreneurs, professional scientists, and trained economists are significantly more reform oriented. Contrary, union executives tend to impede reforms. We also highlight interactions between profession and education with time in office and the political leaning of the ruling party

FAIR Metadata Standards for Low Carbon Energy Research—A Review of Practices and How to Advance

The principles of Findability, Accessibility, Interoperability, and Reusability (FAIR) have been put forward to guide optimal sharing of data. The potential for industrial and social innovation is vast. Domain-specific metadata standards are crucial in this context, but are widely missing in the energy sector. This report provides a collaborative response from the low carbon energy research community for addressing the necessity of advancing FAIR metadata standards. We review and test existing metadata practices in the domain based on a series of community workshops. We reflect the perspectives of energy data stakeholders. The outcome is reported in terms of challenges and elicits recommendations for advancing FAIR metadata standards in the energy domain across a broad spectrum of stakeholders