Radio Deregulation: Has It Served Citizens and Musicians?

This report is an historical, structural, statistical and public survey analysis of the effects of the 1996 Telecommunications Act on musicians and citizens.Each week, radio reaches nearly 95 percent of the U.S. population over the age of 12 (see Chapter 5, p. 69). But more importantly, radio uses a frequency spectrum owned, ultimately, by the American public. Because the federal government manages this spectrum on citizens' behalf, the Federal Communications Commission (FCC) has a clear mandate to enact policies that balance the rights of citizens with the legitimate interests of broadcasters.Radio has changed drastically since the 1996 Telecommunications Act eliminated a cap on nationwide station ownership and increased the number of stations one entity could own in a single market. This legislation sparked an unprecedented period of ownership consolidation in the industry with significant and adverse effects on musicians and citizens

Nearshore Fish Assemblage Patterns with Respect to Landscape-Scale Habitats in Central California

In most ecosystems, the distribution of species across a landscape is greatly influenced by the type, amount, and spatial configuration of habitats. Studies in terrestrial environments have shown that species diversity, density, and length frequency often positively correlate with the size of a habitat patch, patch shape, and proximity to a patch edge. These patterns, however, have not been conclusively shown in temperate sub-tidal marine studies. Data from visual strip–transects collected from the Delta submersible were used to characterize fish assemblages with respect to rocky bank habitat patches. Specifically, the density, diversity, and length frequency of nearshore fishes were examined with respect to 1) proximity to the patch edge, 2) patch shape, and 3) patch size near Point Lobos and Point Sur, California. Diversity and length distributions of fishes were significantly greater at the edge than the interior of rocky bank patches. Therefore, landscape–scale patterns with respect to the distribution of nearshore fishes exist. However, this study also demonstrated that terrestrial paradigms are not directly applicable to temperate sub–tidal marine habitats. The relationship between species richness and patch shape was opposite of patterns observed in terrestrial systems. Additionally, patch size explained more of the variability in the nearshore fish assemblages than patch shape; however, neither were good predictive indicators of the density of fishes

Open Minds and Harmless Errors: Judicial Review of Postpromulgation Notice and Comment

In 2012, the Government Accountability Office surprised many administrative law specialists by reporting that fully 35% of major rules and 44% of nonmajor rules issued by federal government agencies lacked pre-promulgation notice and opportunity for public comment. For at least most of the major rules, however, the issuing agencies accepted comments from the public after issuing the rule, and in most of those cases, the agencies followed up with new final rules, responding to comments and often making changes in response thereto. Post-promulgation notice and comment do not precisely comply with the Administrative Procedure Act, yet are arguably close enough that some courts have felt compelled to uphold them. Challenges to rules adopted in this manner have created a jurisprudential mess, as courts struggle to balance their duty to enforce the requirements of the Administrative Procedure Act with the practical realities of the modern administrative state. The sheer extent of the practice demonstrates the need for a more consistent judicial response. This Article explores the different approaches courts have taken to judicial review of post-promulgation notice and comment. The Article concludes that the all-or-nothing models embraced by some courts are doctrinally and practically untenable, but that the middle-ground alternatives employed by other courts thus far do not ensure that post-promulgation notice and comment function as an equivalent substitute for pre-promulgation procedures. The Article proposes a solution to the middle-ground problem, first by reviewing the doctrinal theory surrounding agency rulemaking and then articulating a set of factors for courts to employ in evaluating post-promulgation notice and comment case by case

Textualism and the Administrative Procedure Act

In recent years, the Supreme Court occasionally has applied a more limited approach to textualist reasoning that, if applied to the APA, could expand the perceived gulf between textualism and existing administrative law doctrine. Our purpose with this Essay is to explore the implications of this trend for APA interpretation, particularly as it might apply to agency rulemaking. We do not purport to address critics of textualism as an interpretive methodology; we speak primarily to those who are persuaded of textualism’s merits. We also will not try to resolve all the many disagreements about textualism’s variations or the APA’s meaning. For that matter, we do not address whether a more limited textualist approach to statutory interpretation might be appropriate for statutes other than the APA. But for judges and scholars inclined to apply textualist reasoning to questions of APA interpretation, our goal is to refute claims that adhering to textualism requires rejecting many or even most longstanding interpretations of APA rulemaking requirements. More normatively, we are concerned that a version of textualism that reduces the APA’s provisions, one by one, to their narrowest reading risks eroding APA rulemaking procedures to a degree that cannot possibly be reconciled with congressional intent. In Part I, we briefly elaborate the arguable conceptual challenges of APA interpretation using textualist methodology. In Part II, we examine a few key instances in which the Supreme Court has contemplated the APA’s text. Taking the Court’s trend toward a stricter or more limited textualism seriously, in Part III, we highlight several longstanding interpretations of the APA that could be in peril under that version of textualism. We also offer alternative textualist constructions of the APA’s provisions that support those same longstanding interpretations. Given space limitations, we focus principally on provisions associated with agency rulemaking and judicial review thereof, leaving other APA interpretive questions for another day. Based on that analysis, we offer concluding thoughts that a more flexible textualism is more appropriate when interpreting the APA

Emerging professional skills: Insights and methods

In this workshop run by the Engineering skills SIG, attendees were given the opportunity to learn about emerging professional competencies, and strategies to overcome teaching barriers.The workshop format was “world cafe” with several tables for small groups to informally discuss these strategies within a time limit. Each table focussed on an emerging skill and/or scenario and participants each visited several tables. The session was informed by the engineering skills survey taken by SEFI 2021 conference attendees. It gave us views on new competencies, barriers to teaching them, and illustrations of good practice. Obstacles to teaching them include motivation, legitimacy, overloaded curriculums, student resistance, resource constraints, and pedagogical understandings.Ideally skills should be learned by students in contexts where they’re used. While many technical competencies are primarily developed in engineering practice, professional/soft abilities are often not. As a result, there ought to be some opportunity for the student to transfer, adapt and (re)learn them in an engineering degree. This report summarises the conference workshop outputs with sections for each table. Each section acknowledges the hosts/authors, a summary of the discussion, and any materials presented. Readers may find this paper useful when facilitating related discussions

Microgravity experiments on the collisional behavior of Saturnian ring particles

In this paper we present results of two novel experimental methods to investigate the collisional behavior of individual macroscopic icy bodies. The experiments reported here were conducted in the microgravity environments of parabolic flights and the Bremen drop tower facility. Using a cryogenic parabolic-flight setup, we were able to capture 41 near-central collisions of 1.5-cm-sized ice spheres at relative velocities between 6 and $22 \mathrm{cm s^{-1}}$. The analysis of the image sequences provides a uniform distribution of coefficients of restitution with a mean value of $\overline{\varepsilon} = 0.45$ and values ranging from $\varepsilon = 0.06$ to 0.84. Additionally, we designed a prototype drop tower experiment for collisions within an ensemble of up to one hundred cm-sized projectiles and performed the first experiments with solid glass beads. We were able to statistically analyze the development of the kinetic energy of the entire system, which can be well explained by assuming a granular `fluid' following Haff's law with a constant coefficient of restitution of $\varepsilon = 0.64$. We could also show that the setup is suitable for studying collisions at velocities of $< 5 \mathrm{mm s^{-1}}$ appropriate for collisions between particles in Saturn's dense main rings.Comment: Accepted for publication in the Icarus Special Issue "Cassini at Saturn

Incubateur de Santé Communautaire et de Médecine Sociale : un cadre d’apprentissage par le service pour des projets menés par des étudiants en médecine

Implication Statement The Community Health and Social Medicine (CHASM) Incubator is a social impact venture that gives medical and other health care students the opportunity to develop initiatives that sustainably promote health equity for, and in partnership with, community partners and historically marginalized communities. Students learn how to develop projects with project management curricula, are paired with community health mentors, and are given seed micro-financing. As the first community health incubator driven by medical students, CHASM provides a framework for students interested in implementing sustainable solutions to local health disparities which extends the service-learning opportunities offered in existing curricula.Énoncé des implications de la recherche L’incubateur CHASM (Community Health and Social Medicine) est une initiative visant à créer un impact social en donnant aux étudiants en médecine et des autres sciences de la santé la possibilité de développer des initiatives durables en collaboration avec des partenaires communautaires et des communautés historiquement marginalisées. CHASM met en valeur l’équité en matière de santé. Les étudiants apprennent à élaborer des projets via un cursus de gestion de projet, sont jumelés à des mentors en santé communautaire et bénéficient de micro-financement de départ. Ce premier incubateur de santé communautaire mené par des étudiants en médecine fournit un cadre aux étudiants qui souhaitent mettre en œuvre des solutions durables aux inégalités en matière de santé. Il élargit également les possibilités d’apprentissage par le service offertes dans les cursus existants

Colossal magnetoresistance in EuZn2_2P2_2 and its electronic and magnetic structure

We investigate single crystals of the trigonal antiferromagnet EuZn$_2$P$_2$ ($P\overline{3}m1$) by means of electrical transport, magnetization measurements, X-ray magnetic scattering, optical reflectivity, angle-resolved photoemission spectroscopy (ARPES) and ab-initio band structure calculations (DFT+U). We find that the electrical resistivity of EuZn$_2$P$_2$ increases strongly upon cooling and can be suppressed in magnetic fields by several orders of magnitude (CMR effect). Resonant magnetic scattering reveals a magnetic ordering vector of $q = (0\, 0\, \frac{1}{2})$, corresponding to an $A$-type antiferromagnetic (AFM) order, below $T_{\rm N} = 23.7\,\rm K$. We find that the moments are canted out of the $a-a$ plane by an angle of about $40^{\circ}\pm 10^{\circ}$ degrees and tilted away from the [100] - direction by $30^{\circ}\pm 5^{\circ}$. We observe nearly isotropic magnetization behavior for low fields and low temperatures which is consistent with the magnetic scattering results. The magnetization measurements show a deviation from the Curie-Weiss behavior below $\approx 150\,\rm K$, the temperature below which also the field dependence of the material's resistivity starts to increase. An analysis of the infrared reflectivity spectrum at $T=295\,\rm K$ allows us to resolve the main phonon bands and intra-/interband transitions, and estimate indirect and direct band gaps of $E_i^{\mathrm{opt}}=0.09\,\rm{eV}$ and $E_d^{\mathrm{opt}}=0.33\,\rm{eV}$, respectively, which are in good agreement with the theoretically predicted ones. The experimental band structure obtained by ARPES is nearly $T$-independent above and below $T_{\rm N}$. The comparison of the theoretical and experimental data shows a weak intermixing of the Eu 4$f$ states close to the $\Gamma$ point with the bands formed by the phosphorous 3$p$ orbitals leading to an induction of a small magnetic moment at the P sites