Enforcement of National Law against Subnational Units in the US

2017 ◽  
Author(s):  
Mark Tushnet
Keyword(s):  
Practical Importance ◽  
State Governments ◽  
Theoretical Interest ◽  
Underlying Theory ◽  
The Us

This chapter is primarily an exposition of the applicable constitutional doctrine on the enforcement of national law against subnational units in the US. It also offers some general observations about the underlying theory of federalism that generates US constitutional doctrine. In the US the question of the enforceability of national law against state governments is a matter of some theoretical interest but relatively little practical importance. The reasons for that situation are a combination of institutional and historical conditions, which the chapter refers to in more detail. For those outside the US, however, the primary message here is that the constitutional doctrine dealing with this sort of enforcement is quite limited in scope and importance, in contrast to its importance in systems whose constitutions create a less centralized version of constitutional federalism.

scholarly journals On the stresses induced by flexure in a deep rectangular beam

1934 ◽  
Vol 143 (849) ◽  
pp. 271-284 ◽  
Keyword(s):  
Stress Distribution ◽  
Practical Importance ◽  
Sufficient Accuracy ◽  
Elastic Instability ◽  
Theoretical Interest ◽  
Close Approximation ◽  
Rectangular Section ◽  
Apparent Paradox ◽  
State Of Stress ◽  
Radial Forces

1. When a straight cylindrical rod is bent into a circle by couples applied at its ends, the resulting state of stress is given, with sufficient accuracy for practical purposes, by the well-known theory of St. Venant. In that theory qunatities of the second and higher orders in therms of strain are neglected, and the resulting solution asserts that the stress is purely longitudinal, so that the rod may be thought of as an assembly of cylindrical fibres, each of which behaves independently of its neighbours. It is evident that this description cannot be exact; for a fibre bent into a circle cannot be kept in tension unless radial forces operate to maintain equilibrium, and in the case considered such forces can come only from actions between adjacent fibres. The apparent paradox is explained by the consideration that those action are of the second order in terms of the curvature, and accordingly are neglected in St. Venant's theory. In connection with a certain problem of elastic instability it was thought desirable to attempt a more accurate description for a particular case, namely, a rod of deep and thin rectangular section. It was found that the equations of equilibrium can be integrated independently of any simplifying assumption, and the stress-distribution determined for curvature of any magnitude. The results have no great practical importance, sice they show that St. Venant's theory gives a close approximation to the facts within that range of strains which actual materials can sustain elastically; but they have some theoretical interest, and accordingly are presented in this paper.

Introduction

2021 ◽  
pp. 1-15
Author(s):  
Max M. Edling
Keyword(s):  
Federal Government ◽  
Socioeconomic Development ◽  
State System ◽  
State Governments ◽  
American Founding ◽  
The Us ◽  
Us Constitution ◽  
American State

In recent years a new Unionist interpretation of the American founding has presented the US Constitution as a compact of union between sovereign states, which allowed them to maintain interstate peace and to act in unison as a single nation vis-à-vis other nations in the international state-system. Such an understanding of the American founding argues that the Constitution created a bisected American state divided into a federal government in charge of international and intraunion affairs and state governments in charge of promoting socioeconomic development and maintaining civic rights. The introduction provides an overview of different interpretations of the founding and of the structure of the book.

Resisting Openness

2020 ◽  
pp. 51-90
Author(s):  
Christian Freudlsperger
Keyword(s):  
Trade Liberalization ◽  
Historical Development ◽  
State Governments ◽  
Best Value ◽  
Short Period ◽  
The Us ◽  
Canadian Provinces ◽  
Run Up ◽  
Municipal Level ◽  
The Eu

The third chapter of Trade Policy in Multilevel Government introduces the field of procurement as a hard case of trade liberalization. Contracting in line with the principle of ‘best value for money’ curtails public actors’ ability to rely on procurement as a directed means of redistribution. Nevertheless, this principle has served as the rallying cry of an international regime of procurement liberalization that has gradually evolved since the 1970s and whose historical development is described here. In a second step, the chapter elaborates on the patterns of openness and resistance to procurement liberalization among the three multilevel polities chosen for analysis. Over the entire period of observation, the US states’ openness has been comparatively low. Intermittently, their resistance had decreased in the run-up to the 1994 GPA. In recent years, however, the number of states willing to be bound by international procurement disciplines plummeted to virtually zero. As for the Canadian provinces and territories, the picture shifted in recent years. Especially in the negotiations on CETA, they permitted the EU wholesale access to their procurement markets. Within a short period, the Canadian provinces’ position on international procurement liberalization thus witnessed a veritable sea change. Finally, in the EU case, openness on part of member state governments has consistently proved highest among the three cases. Already within the scope of the 1979 GATT Code, all EC members’ central procurement was covered, albeit modestly. In the 1994 GPA and its 2012 revision, the EU covered its procurement on the national, regional, and municipal level.

scholarly journals Explosion waves and shock waves. IV—Quasi-detonation in mixtures of methane and air

1937 ◽  
Vol 158 (894) ◽  
pp. 348-367 ◽  
Keyword(s):  
Shock Waves ◽  
Detonation Wave ◽  
Practical Importance ◽  
Coal Mines ◽  
Maximum Speed ◽  
Theoretical Interest ◽  
Rapid Motion ◽  
And Shock Waves ◽  
Effects Of Violence

The possibility of detonation in mixtures of methane and air, apart from its theoretical interest, is of practical importance in connexion with the study of explosions in coal mines. Many attempts have been made experimentally to increase the violence of explosion or the intensity of combustion of mixtures of methane and air to see if speeds of flame and effects of violence comparable with those of detonation could be obtained. Mason and Wheeler noted that restrictions in the path of an explosion accelerated the flame, and observed that as the flame of a methane-air mixture passed through the second of two restrictions placed in a 30·5-cm. tube “the development of the detonation wave appeared imminent”. The experiments were continued by Chapman and Wheeler, who obtained a maximum speed of 420 metres per second beyond the restricted section of a tube 5 cm. in diameter. The effect of the restrictions was in their opinion to induce rapid motion in the mixture through which the flame was travelling.

Mechanism, Purpose and the New Freedom

Philosophy ◽  
1934 ◽  
Vol 9 (33) ◽  
pp. 5-18
Author(s):  
William McDougall
Keyword(s):  
Practical Importance ◽  
Theoretical Interest

The problem of the relation between mechanism and purpose is of profound theoretical interest. It is the most fundamental of the great perennially disputed problems. And, unlike some other of the great unsolved problems, it is also of far-reaching and profound practical importance. The kind of answer we give to the question affects in a multitude of ways the conduct of our lives, the form and working of all our institutions, our science, our law, our politics, our economics, our morals, our religion.

scholarly journals On the stresses in the neighbourhood of a circular hole in a strip under tension

1930 ◽  
Vol 229 (670-680) ◽  
pp. 49-86 ◽  
Keyword(s):  
Circular Hole ◽  
Practical Importance ◽  
Infinite Plate ◽  
Two Dimensions ◽  
Theoretical Interest ◽  
Circular Boundary ◽  
Applied Tension ◽  
Circular Holes ◽  
Special Solutions ◽  
Maximum Stresses

The problem of determining the stresses in a plate under tension when the material is pierced by one or more circular holes is one of both theoretical interest and practical importance. Provided that the plate may be regarded as infinitely extended in two dimensions, the solution for a single hole is easily found and is well known. The presence of the hole leads to the occurrence of stresses equal to three times the tension at infinity, these maximum stresses occurring at the edge of the hole and on the diameter perpendicular to the direction of the applied tension. More general stress systems, corresponding to the presence of tractions at the edge of the hole, may be studied by similar methods, not only when the plate is infinite but also when there is a second circular boundary concentric with the first. A number of special solutions for the infinite plate have recently been published by BICKLEY. The solution for a semi-infinite plate with one circular hole was obtained by JEFFREY, using bipolar co-ordinates,§ which may be applied also to the case of an infinite plate pierced by two holes

Reversed Diurnal Blood Pressure Rhythm in Hypertensive Pregnancies

1976 ◽  
Vol 51 (s3) ◽  
pp. 687s-689s ◽  
Author(s):  
C. W. G. Redman ◽  
L. J. Beilin ◽  
J. Bonnar
Keyword(s):  
Blood Pressure ◽  
Essential Hypertension ◽  
Severe Hypertension ◽  
Practical Importance ◽  
Theoretical Interest ◽  
Hypotensive Drug ◽  
Pressure Pattern ◽  
Nocturnal Hypertension ◽  
Hypertension In Pregnancy ◽  
In Pregnancy

1. Reversal of the normal diurnal blood pressure pattern has been demonstrated in women with severe hypertension and renal impairment in pregnancy (pre-eclampsia). 2. Maximum arterial pressure occurred at night in these women. The phenomenon was not due to hypotensive drug therapy or posture. Patients with uncomplicated essential hypertension in pregnancy retained a normal diurnal blood pressure pattern. 3. Nocturnal hypertension in pre-eclampsia is of theoretical interest and practical importance.

scholarly journals Barriers vs. bridges: undocumented immigrants' access to post-secondary education in the United States and Canada

2021 ◽  
Author(s):  
Marietta Armanyous
Keyword(s):  
United States ◽  
Secondary Education ◽  
Undocumented Immigrants ◽  
The United States ◽  
State Governments ◽  
Post Secondary Education ◽  
Human Right ◽  
Right To Education ◽  
Post Secondary ◽  
The Us

There is limited research available on the issue concerning undocumented immigrants’ access to post-secondary education in the Canadian context. This paper addresses this matter by highlighting the pro-access efforts currently being made in Canada and outlining various actions taken in the United States (US), which Canada can also implement. Guided by the human right to education as its theoretical framework, this paper examines the existing barriers to accessing post-secondary education that this particular marginalized group faces in Canada and the US. It assesses the policies that US state governments, US universities, and Canadian universities implemented (or plan to implement) to remove these barriers, thereby allowing undocumented immigrants to obtain formal post-secondary education. Key Words: undocumented immigrants; post-secondary education; human right to education; Canada; United States

scholarly journals Feeling Positive About Reopening? New Normal Scenarios from COVID-19 Reopen Sentiment Analytics

2020 ◽  
Author(s):  
Jim Samuel ◽  
Md. Mokhlesur Rahman ◽  
G.G.M.N. Ali ◽  
Y. Samuel ◽  
A. Pelaez ◽  
...  
Keyword(s):  
Mental Healthcare ◽  
State Governments ◽  
New Normal ◽  
Us Economy ◽  
Public Sentiment ◽  
Textual Data ◽  
The Us ◽  
Twitter Users ◽  
Research Stream ◽  
Socioeconomic Consequences

The Coronavirus pandemic has created complex challenges and adverse circumstances. This research identifies public sentiment amidst problematic socioeconomic consequences of the lockdown, and explores ensuing four potential sentiment associated scenarios. The severity and brutality of COVID-19 have led to the development of extreme feelings, and emotional and mental healthcare challenges. This research focuses on emotional consequences - the presence of extreme fear, confusion and volatile sentiments, mixed along with trust and anticipation. It is necessary to gauge dominant public sentiment trends for effective decisions and policies. This study analyzes public sentiment using Twitter Data, time-aligned to the COVID-19 reopening debate, to identify dominant sentiment trends associated with the push to 'reopen' the economy. Present research uses textual analytics methodologies to analyze public sentiment support for two potential divergent scenarios - an early opening and a delayed opening, and consequences of each. Present research concludes on the basis of exploratory textual analytics and textual data visualization, that Tweets data from American Twitter users shows more positive sentiment support, than negative, for reopening the US economy. This research develops a novel sentiment polarity based four scenarios framework, which will remain useful for future crisis analysis, well beyond COVID-19. With additional validation, this research stream could present valuable time sensitive opportunities for state governments, the federal government, corporations and societal leaders to guide local and regional communities, and the nation into a successful new normal future.

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