Norming in Administrative Law

How do regulatory agencies decide how strictly to regulate an industry? They sometimes use cost-benefit analysis or claim to, but more often the standards they invoke are so vague as to be meaningless. This raises the question whether the agencies use an implicit standard or instead regulate in an ad hoc fashion. We argue that agencies frequently use an approach that we call “norming.” They survey the practices of firms in a regulated industry and choose a standard somewhere within the distribution of existing practices, often no higher than the median. Such a standard burdens only the firms whose practices lag the industry. We then evaluate this approach. While a case can be made that norming is appropriate when a regulatory agency operates in an environment of extreme uncertainty, we argue that on balance norming is an unwise form of regulation. Its major attraction for agencies is that it minimizes political opposition to regulation. Norming does not serve the public interest as well as a more robust standard like cost-benefit analysis

Ethnically Biased? Experimental Evidence from Kenya

Ethnicity has been shown to shape political, social, and economic behavior in Africa, but the underlying mechanisms remain contested. We utilize lab experiments to isolate one mechanism - an individual's bias in favor of coethnics and against non-coethnics - that has been central in both theory and in the conventional wisdom about the impact of ethnicity. We employ an unusually rich research design involving a large sample of 1300 participants from Nairobi, Kenya; the collection of multiple rounds of experimental data with varying proximity to national elections; within-lab priming conditions; both standard and novel experimental measures of coethnic bias; and an implicit association test (IAT). We find very little evidence of an ethnic bias in the behavioral games, which runs against the common presumption of extensive coethnic bias among ordinary Africans and suggests that mechanisms other than a coethnic bias in preferences must account for the associations we see in the region between ethnicity and political, social, and economic outcomes

International photovoltaic program. Volume 2: Appendices

The results of analyses conducted in preparation of an international photovoltaic marketing plan are summarized. Included are compilations of relevant statutes and existing Federal programs; strategies designed to expand the use of photovoltaics abroad; information on the domestic photovoltaic plan and its impact on the proposed international plan; perspectives on foreign competition; industry views on the international photovoltaic market and ideas about the how US government actions could affect this market;international financing issues; and information on issues affecting foreign policy and developing countries

Sex differences in eye gaze and symbolic cueing of attention

Observing a face with averted eyes results in a reflexive shift of attention to the gazed-at location. Here we present results that show that this effect is weaker in males than in females (Experiment 1). This result is predicted by the ‘extreme male brain’ theory of autism (Baron-Cohen, 2003), which suggests that males in the normal population should display more autism-like traits than females (e.g., poor joint attention). Indeed, participants′ scores on the Autism-Spectrum Quotient (Baron-Cohen, Wheelwright, Stott, Bolton, & Goodyear, 2001) negatively correlated with cueing magnitude. Furthermore, exogenous orienting did not differ between the sexes in two peripheral cueing experiments (Experiments 2a and 2b). However, a final experiment showed that using non-predictive arrows instead of eyes as a central cue also revealed a large gender difference. This demonstrates that reduced orienting from central cues in males generalizes beyond gaze cues. These results show that while peripheral cueing is equivalent in the male and female brains, the attention systems of the two sexes treat noninformative symbolic cues very differently

'A Monstrous Failure of Justice'?:Guantanamo Bay and National Security Challenges to Fundamental Human Rights

This article considers challenges to the existing international human rights regime in the post-9/11 era. It uses an interdisciplinary approach that brings together issues of politics and law by focussing on international legal provisions and setting them into the context of International Relations theory. The article examines the establishment of Guantanamo Bay as a detention centre for suspected terrorists captured in the 'war on terror' and focuses on violations of international human rights and humanitarian law in the name of national security. This article demonstrates that the wrangling over Guantanamo Bay is an important illustration of the complex interaction between interests and norms as well as law and politics in US policy making. The starting point is that politics and law are linked and cannot be seen in isolation from each other; the question that then arises is what kind of politics law can maintain. International Politics (2010) 47, 680-697. doi: 10.1057/ip.2010.25</p

Interpretation and the Constraints on International Courts

This paper argues that methodologies of interpretation do not do what they promise – they do not constrain interpretation by providing neutral steps that one can follow in finding out a meaning of a text – but nevertheless do their constraining work by being part of what can be described as the legal practice