Distinguishing the “Truly National” From the “Truly Local”: Customary Allocation, Commercial Activity, and Collective Action

This Essay makes two claims about different methods of defining the expanse and limits of the Commerce Clause. My first claim is that approaches that privilege traditional subjects of state regulation are unworkable and undesirable. These approaches are unworkable in light of the frequency with which the federal government and the states regulate the same subject matter in our world of largely overlapping federal and state legislative jurisdiction. The approaches are undesirable because the question of customary allocation is unrelated to the principal reason why Congress possesses the power to regulate interstate commerce: solving collective action problems involving multiple states. These problems are evident in the way that some federal judges invoked regulatory custom in litigation over the constitutionality of the minimum coverage provision in the Patient Protection and Affordable Care Act. The areas of health insurance and health care are not of exclusive state concern, and it is impossible to lose—or to win—a competition requiring skillful lawyers or judges to describe them as more state than federal, or more federal than state. Nor is it most important what the answer is. More promising are the approaches that view congressional authority as turning on either commercial activity or collective action problems facing the states. My second claim is that these two approaches have advantages and disadvantages, and that the choice between them exemplifies the more general tension between applying rules and applying their background justifications. I have previously defended a collective action approach to Article I, Section 8. My primary purpose in this Essay is to clarify the jurisprudential stakes in adopting one method or the other and to identify the problems that advocates of each approach must address

Upper bound limit analysis of slope stability using rigid finite elements and nonlinear programming

In this paper, the development and application of a new upper bound limit method for two- and three-dimensional (2D and 3D) slope stability problems is presented. Rigid finite elements are used to construct a kinematically admissible velocity field. Kinematically admissible velocity discontinuities are permitted to occur at all inter-element boundaries. The proposed method formulates the slope stability problem as an optimization problem based on the upper bound theorem. The objective function for determination of the minimum value of the factor of safety has a number of unknowns that are subject to a set of linear and nonlinear equality constraints as well as linear inequality constraints. The objective function and constrain equations are derived from an energy-work balance equation, the Mohr-Coulomb failure (yield) criterion, an associated flow rule, and a number of boundary conditions. The objective function with constraints leads to a standard nonlinear programming problem, which can be solved by a sequential quadratic algorithm. A computer program has been developed for finding the factor of safety of a slope, which makes the present method simple to implement. Four typical 2D and 3D slope stability problems are selected from the literature and are analysed using the present method. The results of the present limit analysis are compared with those produced by other approaches reported in the literature.published_or_final_versio

Potentiality in Biology

We take the potentialities that are studied in the biological sciences (e.g., totipotency) to be an important subtype of biological dispositions. The goal of this paper is twofold: first, we want to provide a detailed understanding of what biological dispositions are. We claim that two features are essential for dispositions in biology: the importance of the manifestation process and the diversity of conditions that need to be satisfied for the disposition to be manifest. Second, we demonstrate that the concept of a disposition (or potentiality) is a very useful tool for the analysis of the explanatory practice in the biological sciences. On the one hand it allows an in-depth analysis of the nature and diversity of the conditions under which biological systems display specific behaviors. On the other hand the concept of a disposition may serve a unificatory role in the philosophy of the natural sciences since it captures not only the explanatory practice of biology, but of all natural sciences. Towards the end we will briefly come back to the notion of a potentiality in biology

Drilling process monitoring for a wealth of extra factual data from drillhole site investigation

This paper presents a method for obtaining valuable additional information from automatic drilling process monitoring in conventional drillhole site investigation. A digital drilling process monitor (DPM) is developed and used to automatically and continuously monitor and record the operational process while a hole is being drilled in ground using a hydraulic rotary machine. The DPM data are examined in detail for an enhanced recording and understanding of the ground profile while drilling. The extra information from the DPM is validated with information from conventional manual drillhole logging. The DPM results can improve geotechnical knowledge and engineering practice in Hong Kong and other mountainous regions.published_or_final_versio

Fundamental Aspects of the ISM Fractality

The ubiquitous clumpy state of the ISM raises a fundamental and open problem of physics, which is the correct statistical treatment of systems dominated by long range interactions. A simple solvable hierarchical model is presented which explains why systems dominated by gravity prefer to adopt a fractal dimension around 2 or less, like the cold ISM and large scale structures. This has direct relation with the general transparency, or blackness, of the Universe.Comment: 6 pages, LaTeX2e, crckapb macro, no figure, uuencoded compressed tar file. To be published in the proceeedings of the "Dust-Morphology" conference, Johannesburg, 22-26 January, 1996, D. Block (ed.), (Kluwer Dordrecht

Elevated expression of artemis in human fibroblast cells is associated with cellular radiosensitivity and increased apoptosis

Copyright @ 2012 Nature Publishing GroupThis article has been made available through the Brunel Open Access Publishing Fund.Background: The objective of this study was to determine the molecular mechanism(s) responsible for cellular radiosensitivity in two human fibroblast cell lines 84BR and 175BR derived from two cancer patients. Methods: Clonogenic assays were performed following exposure to increasing doses of gamma radiation to confirm radiosensitivity. γ-H2AX foci assays were used to determine the efficiency of DNA double strand break (DSB) repair in cells. Quantitative-PCR (Q-PCR) established the expression levels of key DNA DSB repair proteins. Imaging flow cytometry using Annexin V-FITC was used to compare artemis expression and apoptosis in cells. Results: Clonogenic cellular hypersensitivity in the 84BR and 175BR cell lines was associated with a defect in DNA DSB repair measured by the γ-H2AX foci assay. Q-PCR analysis and imaging flow cytometry revealed a two-fold overexpression of the artemis DNA repair gene which was associated with an increased level of apoptosis in the cells before and after radiation exposure. Over-expression of normal artemis protein in a normal immortalised fibroblast cell line NB1-Tert resulted in increased radiosensitivity and apoptosis. Conclusion: We conclude elevated expression of artemis is associated with higher levels of DNA DSB, radiosensitivity and elevated apoptosis in two radio-hypersensitive cell lines. These data reveal a potentially novel mechanism responsible for radiosensitivity and show that increased artemis expression in cells can result in either radiation resistance or enhanced sensitivity.This work was supported in part by The Vidal Sassoon Foundation USA. This article is made available through the Brunel Open Access Publishing Fund

A model for orientation effects in electron‐transfer reactions

A method for solving the single‐particle Schrödinger equation with an oblate spheroidal potential of finite depth is presented. The wave functions are then used to calculate the matrix element T_BA which appears in theories of nonadiabatic electron transfer. The results illustrate the effects of mutual orientation and separation of the two centers on TBA. Trends in these results are discussed in terms of geometrical and nodal structure effects. Analytical expressions related to T_BA for states of spherical wells are presented and used to analyze the nodal structure effects for T_BA for the spheroidal wells

Game theory of mind

This paper introduces a model of ‘theory of mind’, namely, how we represent the intentions and goals of others to optimise our mutual interactions. We draw on ideas from optimum control and game theory to provide a ‘game theory of mind’. First, we consider the representations of goals in terms of value functions that are prescribed by utility or rewards. Critically, the joint value functions and ensuing behaviour are optimised recursively, under the assumption that I represent your value function, your representation of mine, your representation of my representation of yours, and so on ad infinitum. However, if we assume that the degree of recursion is bounded, then players need to estimate the opponent's degree of recursion (i.e., sophistication) to respond optimally. This induces a problem of inferring the opponent's sophistication, given behavioural exchanges. We show it is possible to deduce whether players make inferences about each other and quantify their sophistication on the basis of choices in sequential games. This rests on comparing generative models of choices with, and without, inference. Model comparison is demonstrated using simulated and real data from a ‘stag-hunt’. Finally, we note that exactly the same sophisticated behaviour can be achieved by optimising the utility function itself (through prosocial utility), producing unsophisticated but apparently altruistic agents. This may be relevant ethologically in hierarchal game theory and coevolution

Rule of law and the international diffusion of E-commerce

A conceptual model of various factors that could explain the differences among countries in the adoption of e-commerce is presented. Firms' technology adoption decisions and output growth depend upon the efficiency of the capital markets, which diversify the risks of adopting new technologies and thus encourage early adoption of e-commerce. Countries with an active direct marketing industry experience higher levels of e-commerce activities because companies do not need to educate customers about the nature of the remote purchases. The development of e-commerce may be slow in countries without strong and effectively enforced commercial laws, despite having the necessary conditions to accelerate e-commerce

A Rapid Dynamical Monte Carlo Algorithm for Glassy Systems

In this paper we present a dynamical Monte Carlo algorithm which is applicable to systems satisfying a clustering condition: during the dynamical evolution the system is mostly trapped in deep local minima (as happens in glasses, pinning problems etc.). We compare the algorithm to the usual Monte Carlo algorithm, using as an example the Bernasconi model. In this model, a straightforward implementation of the algorithm gives an improvement of several orders of magnitude in computational speed with respect to a recent, already very efficient, implementation of the algorithm of Bortz, Kalos and Lebowitz.Comment: RevTex 7 pages + 4 figures (uuencoded) appended; LPS preprin