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Law And Literature: 'No Manifesto', James Boyd White Jan 1988

Law And Literature: 'No Manifesto', James Boyd White

Articles

With what hopes and expectations should a lawyer turn to the reading of imaginative literature? To books and articles that purport to connect that literature in some way with the law? In particular, is "law and literature" -to which this Symposium is directed-to be thought of as an academic "field" like law and psychiatry, say, or law and economics? If so, what can it purport to teach us? If not, how is it to be thought of?


Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper Jan 1988

Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper

Articles

My text is a single and rather simple sentence from Rule 52(a) of the Federal Rules of Civil Procedure: Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. My theme is equally simple.. Rule 52(a) serves a vital institutional role in allocating the responsibility and the power of decision between district courts and the courts of appeals. The "dearly erroneous" standard of appellate review established by the Rule is a …


Essentially Indecomposable Modules Which Are Almost Free, Brendan Goldsmith, R. Gobel Jan 1988

Essentially Indecomposable Modules Which Are Almost Free, Brendan Goldsmith, R. Gobel

Articles

No abstract provided


Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg Dec 1987

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

Articles

As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …


Law And Enchantment: The Place Of Belief, Joseph Vining Dec 1987

Law And Enchantment: The Place Of Belief, Joseph Vining

Articles

The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what …


Optimal Decision Fusion In Multiple Sensor Systems, Stelios C.A. Thomopoulos, R. Viswanathan, Dimitrios C. Bougoulias Sep 1987

Optimal Decision Fusion In Multiple Sensor Systems, Stelios C.A. Thomopoulos, R. Viswanathan, Dimitrios C. Bougoulias

Articles

The problem of optimal data fusion in the sense of the Neyman- Pearson (N-P) test in a centralized fusion center is considered. The fusion center receives data from various distributed sensors. Each sensor implements a N-P test individually and independently of the other sensors. Due to limitations in channel capacity, the sensors transmit their decision instead of raw data. In addition to their decisions, the sensors may transmit one or more bits of quality information. The optimal, in the N-P sense, decision scheme at the fusion center is derived and it is seen that an improvement in the performance of …


Simple 5-(28,6,Lambda) Designs From Psl_2(27), Donald Kreher, Stanislaw Radziszowski Jan 1987

Simple 5-(28,6,Lambda) Designs From Psl_2(27), Donald Kreher, Stanislaw Radziszowski

Articles

Simple 5-{28,5,lambda) designs with PSL_2(27) as an automorphism group are constructed for each lambda. 2<=lambda<=21.


On Endomorphism And Automorphisms Of Some Torsion-Free Modules, Brendan Goldsmith Jan 1987

On Endomorphism And Automorphisms Of Some Torsion-Free Modules, Brendan Goldsmith

Articles

The relationship between the endomorphism ring and the automorphism group of an abelian p-group has been extensively investigated. It is known that theautomorphism group need not generate the full endomorphism ring. In this paper we investigate the analagous problem for torsion free modules over a complete discrete valuation ring obtaining similar results.


Federalism: Evaluating The Founders' Design, Michael W. Mcconnell Jan 1987

Federalism: Evaluating The Founders' Design, Michael W. Mcconnell

Articles

No abstract provided.


Panoramic Cameras I'Ve Made, Andrew Davidhazy Jan 1987

Panoramic Cameras I'Ve Made, Andrew Davidhazy

Articles

Brief history of one photographer's work in the area of panoramic cameras and strip enlargers.


Philosophy In Bankruptcy, David G. Carlson Jan 1987

Philosophy In Bankruptcy, David G. Carlson

Articles

The article critically examines Jackson's theories on bankruptcy law, arguing that his "creditor's bargain" model is logically inconsistent and lacks empirical support. It highlights flaws in his assumptions of creditor equality and the justification for bankruptcy discharge, ultimately concluding that his work is ad hoc and unverifiable.


Thinking About Our Language, James Boyd White Jan 1987

Thinking About Our Language, James Boyd White

Articles

Except for one meeting, which I will describe below, I knew Bob Cover only through his writings. This circumstance was of course a disappointment to me, for our interests were similar, and his death now makes the loss irreparable. But perhaps this is less of a limitation than would normally be the case, for as much as anyone in the law Bob was, and is, actively present in his writing, both as a person and as a mind.-But that dichotomy of person and mind gets it wrong, for what I would like to catch is a sense of fusion or …


Economics And Law: Two Cultures In Tension, James Boyd White Jan 1987

Economics And Law: Two Cultures In Tension, James Boyd White

Articles

I want to preface my remarks by saying something about the kind of talk this is going to be. As my title says, I shall speak mainly about economics and law, which I shall examine as forms of thought and life, or what I shall call cultures. With law, about which in fact I shall speak rather briefly, I am naturally familiar by training and experience. But with economics I am familiar only as an observer­ as a general reader who reads the newspaper, as a lawyer who has followed a little of the law and economics literature, and as …


Law And Metaphysics, Charles M. Yablon Jan 1987

Law And Metaphysics, Charles M. Yablon

Articles

No abstract provided.


Providing Nutrition And Hydration For Terminally Ill Patients, J. David Bleich Sep 1986

Providing Nutrition And Hydration For Terminally Ill Patients, J. David Bleich

Articles

No abstract provided.


Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider Sep 1986

Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider

Articles

The corporation was born in chains but is everywhere free. That freedom was recently affirmed by the United States Supreme Court in First National Bank of Boston v. Bellotti. In Bellotti, the Court overturned a Massachusetts criminal statute forbidding banks and business corporations to make expenditures intended to influence referenda concerning issues not "materially affecting" the corporation's "property, business, or assets." In doing so, the Court confirmed its discovery that commercial speech is not unprotected by the first amendment and announced a novel doctrine that corporate speech is not unprotected by the first amendment. Although several years have …


The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert May 1986

The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert

Articles

When I began teaching evidence seventeen years ago, the field was moribund. The great systematizers of the common law-Wigmore, Maguire, McCormick, Morgan and their ilk-had come and, if they had not all already gone, their work was largely finished. Not only was most of what passed for evidence scholarship barely worth the reading-the same, after all, could be said of many fields of law at most times-but disregarding student work, few scholars were writing regularly on evidentiary matters.


Legal Formalism, Legal Realism, And The Interpretation Of Statutes And The Constitution, Richard A. Posner Jan 1986

Legal Formalism, Legal Realism, And The Interpretation Of Statutes And The Constitution, Richard A. Posner

Articles

A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the concepts of formalism and realism to be meaningful and useful in common law reasoning but in interpretation to be useless …


Free Speech In An Economic Perspective, Richard A. Posner Jan 1986

Free Speech In An Economic Perspective, Richard A. Posner

Articles

No abstract provided.


Finding Simple T-Designs By Using Basis Reduction, Donald Kreher, Stanislaw Radziszowski Jan 1986

Finding Simple T-Designs By Using Basis Reduction, Donald Kreher, Stanislaw Radziszowski

Articles

In 1976, Kramer and Mesner observed that finding a t-design with a given automorphism group can be reduced to solving a matrix problem of the form AX=M, X[i]=0 or I, for all i, I < =i=6 and duplicate the results of Leavitt, Kramer and Magliveras [3,10] in substantially shorter time. Furthermore, a new simple 6-design was found using the algorithm described in this paper


Realising Rings As Endomorphism Rings: The Impact Of Logic, Brendan Goldsmith Jan 1986

Realising Rings As Endomorphism Rings: The Impact Of Logic, Brendan Goldsmith

Articles

No abstract available


The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert Jan 1986

The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert

Articles

My focus today will be on the twelve-person unanimous jury and on the contrasts between such juries and six-person juries or twelve-person juries than can return verdicts by ten-two or nine-three votes. Until about fifteen years ago, it appeared that the sixth and seventh amendments required all federal juries to have twelve members who reached unanimous verdicts, and it appeared possible that the Supreme Court would force the states to conform to the federal standards. Instead, the court did almost the opposite. It sanctioned juries as small as size six in state criminal cases and federal civil cases, and it …


Statistics In The Courtroom: Building On Rubinfeld, Richard O. Lempert Jun 1985

Statistics In The Courtroom: Building On Rubinfeld, Richard O. Lempert

Articles

As the use of statistics in litigation has burgeoned and as more complicated statistical techniques have entered the courtroom, concern for the way courts use statistics has mounted and efforts to instruct lawyers and judges on the wise use of statistics have begun. Professor Rubinfeld's paper is a contribution toward this end. Two ideas at the core of this paper are particularly important if we are to develop a more satisfactory approach to the use of statistics in the courtroom. The first is Professor Rubinfeld's caution against the talismanic use of the .05 level of significances as a test of …


Nonparametric Receiver For Fh-Mfsk Mobile Radio, R. Viswanathan, S. C. Gupta Feb 1985

Nonparametric Receiver For Fh-Mfsk Mobile Radio, R. Viswanathan, S. C. Gupta

Articles

Various parametric receivers such as the maximum likelihood and the hard-limiter have been analyzed for their performance in decoding the frequency hopped multilevel FSK (FH-MFSK) messages in mobile environment. Here, some nonparametric receivers such as the maximum rank sum receiver (MRSR) and the reduced rank sum receiver (RRR) are considered. RRR and MRSR are nearly identical in performance, but the former is much simpler to implement. The results indicate that RRR is a competing alternative to the parametric receivers.


Two Fallacies In The Law Of Joint Torts, Richard A. Epstein Jan 1985

Two Fallacies In The Law Of Joint Torts, Richard A. Epstein

Articles

No abstract provided.


The Original Understanding Of The Freedom Of The Press Provision Of The First Amendment, Philip B. Kurland Jan 1985

The Original Understanding Of The Freedom Of The Press Provision Of The First Amendment, Philip B. Kurland

Articles

No abstract provided.


Bistabiity By Induced Waveguiding In Coupled Semiconductor Lasers, Daniel Heffernan, J. Mcinerney, L. Reekie, D. Bradley Jan 1985

Bistabiity By Induced Waveguiding In Coupled Semiconductor Lasers, Daniel Heffernan, J. Mcinerney, L. Reekie, D. Bradley

Articles

Recently, McInerney, Reekie, and Bradley observed bistability in twin diode GaAs/GaAlAs injection lasers in an external cavity when both diodes were above threshold. We show that this bistability may be explained by a form of self-focusing which is produced by induced waveguiding in the wide stripe lasers. A detailed analysis is performed on a standard model of these diodes in an external cavity. We have found very good agreement between theory and experiment.


Social Security Disability Insurance Nuts & Bolts, Steven C. Emens Jan 1985

Social Security Disability Insurance Nuts & Bolts, Steven C. Emens

Articles

No abstract provided.


Rotten Social Background: Should The Criminal Law Recognize A Defense Of Severe Environmental Deprivation, Richard Delgado Jan 1985

Rotten Social Background: Should The Criminal Law Recognize A Defense Of Severe Environmental Deprivation, Richard Delgado

Articles

No abstract provided.


On Endomorphism Algebras Of Mixed Modules, Brendan Goldsmith, B. Franzen Jan 1985

On Endomorphism Algebras Of Mixed Modules, Brendan Goldsmith, B. Franzen

Articles

No abstract available