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Agencies Obligation to Interpret the Statute
Get PDFConventionally, when a statute delegates authority to an agency, courts defer to agency interpretations of that statute. Most agencies and scholars view such deference as a grant of permission to the agency to adopt any reasonable interpretation. That is wrong, jurisprudentially and ethically. An agency that commands deference bears a duty to adopt what it believes to be the best interpretation of the relevant statute. Deference assigns to the agency, rather than to a court, power authoritatively to declare what the law is. That power carries with it a duty to give the statute the best reading the agency can. Notwithstanding substantial jurisprudential disagreement about what it means to give a statute its best interpretation, an agency does not abide its role when it seems to achieve anything less. An agency is legally and ethically obligated to privilege what it views as optimal statutory interpretation over what it considers to be optimal policy. If the two conflict, as they sometimes will, the agency must act consistently with the former to the detriment of the latter. To behave otherwise is to fail to adhere to principles of legislative supremacy and fidelity to law
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
School Choice and States\u27 Duty to Support Public Schools
Get PDFThe education clauses of state constitutions require states to support schools that not only educate children adequately and equitably, but that are public or common. This Article argues that state-supported school choice can be consistent with these latter requirements. Individual choices, about where to live and whether to educate children privately, have long shaped traditional public schooling arrangements. The more direct role choice plays in school voucher and charter programs is also consistent with the requirement that schools be public. Such prograrns must ensure, however, that parents\u27 choices among schools are genuine and independent. This criterion, developed by the U.S. Supreme Court to test the constitutionality of school vouchers under the Federal Establishment Clause, also guarantees publicness. It does so by requiring that parents\u27 options in the educational marketplace be determined by market demand, minimally biased by government preferences
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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More than Merit: Reframing the Debate over Examination-Based Admissions in Public Schools
No full textVisions of the Republic Symposium: School Funding Under the Neutrality Principle: Notes on a Post-\u3ci\u3eEspinoza\u3c/i\u3e Future
Get PDFBased on current conditions, and for a variety of reasons, the best guess—and it is only a guess—is that common schooling might be forced to give way before a rigorously read First Amendment duty of the state to avoid preferring irreligion over religion. This need not signal the end of the Progressive educational vision, however. It will be possible for those committed to the values inherent in common schooling to regroup, reconsidering some of their positions in order to advance their core commitments
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