Creating and Enforcing Norms, with Special Reference to Sanctions

Two central puzzles about social norms are how they are enforced and how they are created or modified. The sanctions for the violation of a norm can be categorized as automatic, guilt, shame, informational, bilateral costly, and multilateral costly. The choice of sanction is related to problems in creating and modifying norms. We use our analysis of the creation, modification, and enforcement of norms to analyze the scope of feasible government action either to promote desirable norms or to repress undesirable ones. We conclude that the difficulty of predicting the effect of such action limits its feasible scope

The Second-Order Structure of Immigration Law

Immigration law concerns both first-order issues about the number and types of immigrants who should be admitted into a country and second-order design issues concerning the legal rules and institutions that are used to implement those first-order policy goals. The literature has focused on the first set of issues and largely neglected the second. In fact, many current controversies concern the design issues. This Article addresses the second-order dimension and argues that a central design choice all states face is whether to evaluate potential immigrants on the basis of pre-entry characteristics (the ex ante approach) or post-entry conduct (the ex post approach). The ex post system provides more information and thus results in more accurate screening than does the ex ante system, but it also may deter risk-averse applicants from making country-specific investments that benefit the host country. Focusing on this important tradeoff for states, as well as other costs and benefits of the two screening regimes, this Article evaluates America\u27s reliance on an illegal immigration system, the growth in ex post screening during the twentieth century, and America\u27s unique focus on family-related immigration

Congress’s Domain: Appropriations, Time, and Chevron

Annual appropriations and permanent appropriations play contradictory roles in the separation of powers. Annual appropriations preserve agencies’ need for congressionally provided funding and enforce a domain of congressional influence over agency action in which the House and the Senate each enforce written unicameral commands through the threat of reduced appropriations in the next annual cycle. Permanent appropriations permit agencies to fund their programs without ongoing congressional support, circumscribing and diluting Congress’s domain. The unanswered question of Chevron deference for appropriations demonstrates the importance of the distinction between annual appropriations and permanent appropriations. Uncritical application of governing deference tests that emphasize the time and procedural steps an agency put into an interpretation would tend to favor deference for agency interpretations of permanent appropriations, but not for annual appropriations. Yet this result is upside-down if courts’ goal is to promote accountability and avoid interference with the balance of power between the political branches. Chevron has two core functions, a subdelegation function (it transfers the authority delegated in ambiguities from courts to agencies) and an anti-entrenchment function (it relieves interpretations of the solidifying force of stare decisis). As applied to annual appropriations, both functions respect Congress’s primary role in enforcement through the appropriations cycle; as applied to permanent appropriations, both functions interfere with Congress’s domain. Courts that evaluate Chevron for appropriations without acknowledging and addressing the elemental difference between annual appropriations and permanent appropriations interfere with the political branches and frustrate Congress’s expectations. Courts should adopt a bifurcated approach to Chevron for appropriations that disfavors deference for permanent appropriations provisions, but not for annual appropriations provisions. This Article suggests how the distinction between annual and permanent appropriations may be relevant to the incorporation of appropriations into other aspects of administrative law doctrine, including legislative standing, reviewability, and nondelegation

Quiet time fluxes and radial gradients of low-energy protons in the inner and outer heliosphere

Radial variations of low-energy (~1-8 MeV) quiet-time fluxes of protons are examined at distances of 20-85 AU during low solar activity periods using Voyager 1-2 data and compared with Ulysses fluxes at 1-5 AU as well as IMP-8 and SOHO at Earth and Helios between 0.3 and 1 AU. To obtain nearly background-free fluxes, the data are based on a careful pulse-height analysis. Except for high solar activity periods, contaminated with solar particles, all fluxes are very low, of the order of, and below 10^(-5) /(cm^2 s sr MeV). The Ulysses fluxes seem to be the lowest, whereas Helios and Voyager fluxes are nearly at the same level. The radial variation in 1-8 MeV suggests a negative gradient from 0.5 to about 2 AU that gradually turns positive beyond 2 AU. Whereas the true variation is difficult to infer between 5 and 17 AU due to solar contribution, from 30 to about 60 AU it exhibits a wide plateau, beyond which a slight increasing tendency is observed. At energies above ~6 MeV a clear contribution of anomalous hydrogen is observed

The Ulysses fast latitude scans: COSPIN/KET results

International audienceUlysses, launched in October 1990, began its second out-of-ecliptic orbit in December 1997, and its second fast latitude scan in September 2000. In contrast to the first fast latitude scan in 1994/1995, during the second fast latitude scan solar activity was close to maximum. The solar magnetic field reversed its polarity around July 2000. While the first latitude scan mainly gave a snapshot of the spatial distribution of galactic cosmic rays, the second one is dominated by temporal variations. Solar particle increases are observed at all heliographic latitudes, including events that produce >250 MeV protons and 50 MeV electrons. Using observations from the University of Chicago's instrument on board IMP8 at Earth, we find that most solar particle events are observed at both high and low latitudes, indicating either acceleration of these particles over a broad latitude range or an efficient latitudinal transport. The latter is supported by "quiet time" variations in the MeV electron background, if interpreted as Jovian electrons. No latitudinal gradient was found for >106 MeV galactic cosmic ray protons, during the solar maximum fast latitude scan. The electron to proton ratio remains constant and has practically the same value as in the previous solar maximum. Both results indicate that drift is of minor importance. It was expected that, with the reversal of the solar magnetic field and in the declining phase of the solar cycle, this ratio should increase. This was, however, not observed, probably because the transition to the new magnetic cycle was not completely terminated within the heliosphere, as indicated by the Ulysses magnetic field and solar wind measurements. We argue that the new A<0-solar magnetic modulation epoch will establish itself once both polar coronal holes have developed

The Relationship of Hypertension in the Elderly to AD, Vascular Dementia, and Cognitive Function

Background: Hypertension at the age of 45 to 50 years may predispose to AD later in life. It is not known whether hypertension after age 65 years also contributes to AD risk, and its effect on cognitive function is also not fully understood. Methods: Data were analyzed from 1,259 Medicare recipients free of dementia in a longitudinal study covering a 7-year period (1991 to 1998). The effect of hypertension was first examined in relationship to the risk for incident AD and then to incident vascular dementia (VaD) using Cox proportional hazards models. Changes in performance over time on tasks of memory, language, and visuospatial/cognitive function were compared in those with and without hypertension using generalized estimating equations. Results: Of the 1,259 subjects, 731 (58.1%) had a history of hypertension associated with diabetes, stroke, and heart disease. A history of hypertension was not associated with an increased risk for AD (rate ratio [RR] 0.9, 95% CI 0.7 to 1.3) but was associated with an increased risk for VaD (1.8 [1.0 to 3.2]). Hypertension was not associated with changes in memory, language, and general cognitive function in normal individuals over time. Compared with individuals with neither hypertension nor heart disease, those with hypertension or heart disease alone had no increase in risk for VaD. However, when both were present, there was a threefold increase in risk for VaD. A sixfold increase in risk was observed when both hypertension and diabetes were present. Conclusions: Hypertension after age 65 years is not associated with AD and does not adversely affect memory, language, or general cognitive function. A history of hypertension may be an antecedent to VaD, particularly in the presence of heart disease or diabetes

Consumer credit information systems: A critical review of the literature. Too little attention paid by lawyers?

This paper reviews the existing literature on consumer credit reporting, the most extensively used instrument to overcome information asymmetry and adverse selection problems in credit markets. Despite the copious literature in economics and some research in regulatory policy, the legal community has paid almost no attention to the legal framework of consumer credit information systems, especially within the context of the European Union. Studies on the topic, however, seem particularly relevant in view of the establishment of a single market for consumer credit. This article ultimately calls for further legal research to address consumer protection concerns and inform future legislation