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Record W2265435883

The Interstate Commerce Commission - Disintegration of an American Legal Institution

2013· article· en· W2265435883 on OpenAlexaff
Paul Stephen Dempsey

Bibliographic record

VenueSSRN Electronic Journal · 2013
Typearticle
Languageen
FieldEconomics, Econometrics and Finance
TopicLegal and Constitutional Studies
Canadian institutionsMcGill University
Fundersnot available
KeywordsLawPolitical scienceCommissionSupreme courtMandatePublic interestPublic administration
DOInot available

Abstract

fetched live from OpenAlex

Our nation's first independent regulatory agency, the Interstate Commerce Commission (ICC or Commission), will celebrate its centennial anniversary in 1987. Throughout much of its history, the ICC has been regarded as among the most competent and highly respected governmental agencies. Presidents traditionally have selected Commissioners for the ICC almost as carefully as they have chosen justices of the United States Supreme Court, emphasizing their competence, integrity, and ability to apply the law with skill and reason. On the ICC's fiftieth anniversary, one contemporary commentator commended the agency for its vigorous and spirited administration of the law. The Commission also received high praise for its fidelity to congressional mandate and for its prudent, nonpartisan protection of the public interest. Supreme Court Justice Felix Frankfurter heralded the seventy-fifth anniversary of the ICC in even more glowing terms. He lauded the ICC as an institution of unblemished character, with fastidious regard for responsibility, a complete divorcement between public and private interest, and all other concomitants of a true and worthy conception of public duty.Contemporary observations about the Commission, however, suggest that it has lost the abundance of character, competence, and independence that Justice Frankfurter recognized. Recent statements suggest that many observers view the Commission with contempt. What has happened to this venerable and highly respected legal institution of the American Government? How could an agency on the pinnacle of integrity, competence, and independence fall to the depths of irresponsibility in so short a period of time?This Article focuses on the recent and unfortunate demise of the ICC. In particular, it reviews the activities that have stimulated much of the contemporary criticism of the ICC-its ultra vires and arbitrary and capricious actions in the area of interstate motor carrier regulation that have greatly exceeded the authority that Congress delegated to the ICC pursuant to article 1, section 8 of the Constitution.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.100
Threshold uncertainty score0.715

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.011
GPT teacher head0.216
Teacher spread0.204 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2013
Admission routes1
Has abstractyes

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