Digital Commons Network^™

Exergy Analysis - A Different Perspective On Energy Part 2: Rational Efficiency And Some Examples Of Energy, Jim Mcgovern

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The concept of exergy having been introduced in the first part of this paper, a universal rational efficiency is now defined and a number of examples of exergy analyses is given.

Campus Antiracism Rules: Constitutional Narratives In Collision Legal Theory, Richard Delgado

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No abstract provided.

Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs

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No abstract provided.

Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn

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No abstract provided.

Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri

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No abstract provided.

The Politics Of Clinical Knowledge, Anthony V. Alfieri

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No abstract provided.

Israel And The Palestinians, Gidon A. G. Gottlieb

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No abstract provided.

Contingent Fees Without Contingencies: Hamlet Without The Prince Of Demark?, Lester Brickman

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According to conventional wisdom virtually all contingent fee percentages exceeding fifty percent are illegal and excessive, but most lower percentages are valid. This Article challenges the conventional wisdom, an amalgam of the unassailability of the standard one-third rate, notions of fairness versus price gouging, lawyer effort versus lawyer' reward, and the right of a lawyer to contract freely for a fee. It advances instead two propositions for determining the legitimacy of contingent fees. The first is that for a contingent fee to be valid, there must be an actual contingency, which means a realistic risk of nonrecovery. Though this proposition …

Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg

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The article critiques Richard A. Posner's book Law and Literature: A Misunderstood Relation, arguing that while it offers a comprehensive analysis of law-related literature, it reflects Posner's authoritarian bias and dismisses literature's critical potential to challenge legal authority. Posner's approach is seen as overly deductive and dismissive of literary insights that question legal power structures.

Distributed Detection Of A Signal In Generalized Gaussian Noise, R. Viswanathan, Arif Ansari

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The problem of distributed detection of a signal in incompletely specified noise is considered. The noise assumed belongs to the generalized Gaussian family and the sensors in the distributed network employ the Wilcoxon test. The sensors pass the test statistics to a fusion center, where a hypothesis testing results in a decision regarding the presence or the absence of a signal. Three monotone and admissible fusion center tests are formulated. Restricted numerical evaluation over a certain parameter range of the noise distribution and the range of signal level indicates that these tests yield performances at comparable levels.

On Counting Rules In Distributed Detection, R. Viswanathan, V. Aalo

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A network of n sensors receiving independent and identical observations in R^N, regarding certain binary hypotheses, pass their decisions to a fusion center which then decides which one of the two hypotheses is true. We consider the situation where each sensor employs a likelihood ratio test with its own observation and a threshold, which is the same for all the sensors, and the fusion center decision based on k out of n decision rule. The asymptotic (n → ∞) behavior of k out of n rules for finite k and finite n - k are considered. For …

Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich

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No abstract provided.

An Economic Analysis Of Sex Discrimination Laws, Richard A. Posner

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The Utilitarian Foundations Of Natural Law, Richard A. Epstein

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No abstract provided.

Six Theses On Interpretation Symposium, Cass R. Sunstein

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No abstract provided.

Obscuring The Struggle: Sex Discrimination, Social Security, And Stone, Seidman, Sunstein & Tushnet's Constitutional Law Commentary, Mary E. Becker

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No abstract provided.

International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood

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No abstract provided.

The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel

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No abstract provided.

Justice Across The Generations, Richard A. Epstein

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No abstract provided.

Parliamentary Law, Majority Decisionmaking, And The Voting Paradox, Saul Levmore

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No abstract provided.

Conservative Feminism, Richard A. Posner

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No abstract provided.

Intergovernmental Takings And Just Compensation: A Question Of Federalism, Michael H. Schill

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No abstract provided.

The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard

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No abstract provided.

Politics, Differences And Economic Rights, Mary E. Becker

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No abstract provided.

An Essay In Separation Of Powers: Some Early Versions And Practices, Gerhard Casper

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No abstract provided.

Diagnosis Of The Current Code Of Criminal Procedure, Daniel H. Foote

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Approximately 35 years have passed since the current Code of Criminal Procedure went into effect, and today the manner in which that Code is interpreted and applied appears nearly stable. In truth, for most of the provisions and systems under the current Code about which there had been many questions of interpretation and application (e.g., interpretation of the provisions concerning hearsay evidence, discovery, exclusion of illegally-obtained evidence, and abuse of the authority to prosecute), some sort of conclusion (ichid no ketsuron) has been reached. In that sense, matters have "stabilized." However, in my view much more deep-seated problems remain unresolved. …

Summary Of Tokugawa Criminal Justice, Daniel H. Foote

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The summary set forth below is derived principally from the late Professor Yoshiro Hiramatsu's-comprehensive study of Tokugawa criminal justice. Hiramatsu's work focusses on the period from the promulgation of the Osadamegaki by the Shogun Yoshimune in 1742 through the end of the Tokugawa era in 1867. (As described by Professor Dan F. Henderson, Conciliation and Japanese Law, Tokugawa and Modern (1965), Vol. 1, at 7, fn. 26, the Osadamegaki, which consisted of two books, constituted "a compilation and rough codification of prior decrees and precedents", and "was the only such official attempt to systematize the law in the Tokugawa period." …

Statutory Damage Caps Are An Incomplete Reform: A Proposal For Attorney Fee Shifting In Tort Actions, Gregory A. Hicks

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The premise of this article is that the currently unsettled status of noneconomic damage awards offers an opportunity to reexamine the function of such awards, and to move tort law in the direction of more stable and rational remedies, something that could not be achieved either under recently adopted damage cap statutes or through the reinstatement of unrestricted compensation of noneconomic losses.

This article has two parts. In the first part, the ambiguous role of noneconomic damages, that is, their function as makeweight compensation for noncompensable litigation expenses and as compensation for real intangible injuries, is described. This ambiguity has …

The Political Economy Of Barry Commoner, James E. Krier

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The centerpiece of what follows is an article by Barry Commoner that appeared in The New Yorker magazine in 1987.' The article, although an essentially popular work, is for several reasons worth the attention of a community professionally interested in law and the environment. First, it distills and supplements views that Commoner has advanced with much prominence throughout the life-twenty years to date-of the environmental movement in the United States. Thus it provides an opportunity for the present generation's students of environmental law, many of whom seem to know nothing of Commoner and his ideas, to become familiar with a …

Legal Affinities, Joseph Vining

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Not long ago, any question of the kind "How may theology serve as a resource in understanding law?" would have been hardly conceivable among lawyers. When Lon Fuller brought out his first book in 1940, The Law in Quest of Itself, he could think of no better way of tagging his adversary the legal positivist than to note a "parallel between theoretical theology and analytical jurisprudence." Two decades later, in the name of realism, Thurman Arnold dismissed Henry Hart's non-positivist jurisprudence in harsh terms. A master of the cutting phrase, he confidently entitled his attack "Professor Hart's Theology." Two decades …