Administrative Balance

Two of the most discussed administrative-law theories in contemporary discussion are executive preemption and big waiver. Executive preemption is the idea that agency regulations preempt state law by extension of the federal statutes the agencies are charged with enforcing. Big waiver is the idea that Congress delegates, to administrative agencies, the power to waive statutory provisions. The constitutional questions raised by executive preemption and big waiver can be put in the following terms. Executive preemption raises constitutional issues as regulatory agencies go farther and farther away from the “clear statement” of a given statute. Thus, one wonders whether agencies are turning themselves into an unconstitutional lawmaking body. Big waiver also raises constitutional issues. To some, it inverts the traditional approach to delegation and allows regulatory agencies to, in part, cancel laws that Congress passed. Executive preemption and big waiver currently constitute two separate theories of administrative law. This paper instead argues that these theories should be thought of in tandem. Executive preemption takes rights away from the states and big waiver gives rights back. As such, these tools allow agencies to balance federalism concerns in our present era of legislative gridlock

Orifice plates in a shock tube

This note points out some interesting aspects of a recent study of the flow resulting from the use of area change near the diaphragm of a shock tube. (1) Earlier studies (2,3) have been directed toward the use of area change for increasing the available shock speed, and thus have considered geometries where A4/A1 > 1 and A*/A1 = 1 [see notation on Fig. 1(a)]. In the current work, shock tubes with arbitrary values of these parameters are considered over the complete range of Ms (the shock Mach number)

Processes on Unimodular Random Networks

We investigate unimodular random networks. Our motivations include their characterization via reversibility of an associated random walk and their similarities to unimodular quasi-transitive graphs. We extend various theorems concerning random walks, percolation, spanning forests, and amenability from the known context of unimodular quasi-transitive graphs to the more general context of unimodular random networks. We give properties of a trace associated to unimodular random networks with applications to stochastic comparison of continuous-time random walk.Comment: 66 pages; 3rd version corrects formula (4.4) -- the published version is incorrect --, as well as a minor error in the proof of Proposition 4.10; 4th version corrects proof of Proposition 7.1; 5th version corrects proof of Theorem 5.1; 6th version makes a few more minor correction

Fruits of Gregory Bateson’s epistemological crisis: embodied mind-making and interactive experience in research and professional praxis

Background: The espoused rationale for this special issue, situated “at the margins of cybernetics,” was to revisit and extend the common genealogy of cybernetics and communication studies. Two possible topics garnered our attention: 1) the history of intellectual adventurers whose work has appropriated cybernetic concepts; and 2) the remediation of cybernetic metaphors. Analysis: A heuristic for engaging in first- and second-order R&D praxis, the design of which was informed by co-research with pastoralists (1989–1993) and the authors’ engagements with the scholarship of Bateson and Maturana, was employed and adapted as a reflexive in-quiry framework.Conclusion and implications: This inquiry challenges the mainstream desire for change and the belief in getting the communication right in order to achieve change. The authors argue this view is based on an epistemological error that continues to produce the very problems it intends to diminish, and thus we live a fundamental error in epistemology, false ontology, and misplaced practice. The authors offer instead conceptual and praxis possibilities for triggering new co-evolutionary trajectories