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Fuzzifying The Natural Law--Legal Positivist Debate, Edward S. Adams, Torben Spaak

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Legal scholars have long debated various theories of law. The debate between natural lawyers and legal positivists is case in point. This debate centers, as is well known, on the claim that there is a conceptual connection between law and morality. Natural law theorists maintain that there is such a connection, whereas legal positivists maintain that there isn't. The dialogue in this article details the respective positions of a natural law theorist, Naturalis, a legal positivist, Positivus, and a fuzzy logician, Multivalus, with regard to a case that arose in post-war Germany. As the dialogue highlights, fuzzy logic is a …

Art Of Judgement In Planned Parenthood V. Casey, James Boyd White

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This article was excerpted and abridged with permission from a chapter in Professor White's recent book Acts of Hope: Creating Authority in Literature, Law, and Politics. In the book, he explores the nature of authority in various cultural contexts. Here he examines the Joint Opinion in Planned Parenthood v. Casey, which has been attacked both from the right, on the grounds that it tried to keep Roe v. Wade alive, and from the left, on the grounds that it significantly weakens the force of that case. Professor White, by contrast, admires it greatly, and in this chapter explains …

Instability In Self-Pulsation In Laser Diodes And Its Effect On All-Optical Synchonization, Jonathan Hyland, Gerald Farrell

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The effect of short- and long-term frequency instability in self pulsation on all-optical synchronization using a twin-section laser diode is experimentally investigated. Short-term frequency instability broadens the unlocked full width at half maximum (FWHM) of the fundamental of the rf spectrum of the self-pulsating laser diode. We show experimentally that the value of the unlocked FWHM, and thus the level of short-term instability, has a direct effect on the optical power required to maintain synchronization. A novel means of reducing the FWHM is presented based on a reflective transmission line stub connected to the absorber of the twin-section self-pulsating laser …

The Market For Loyalties: Electronic Media And The Global Competition For Allegiances, Monroe E. Price

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The article critiques the traditional "marketplace of ideas" metaphor in First Amendment jurisprudence and proposes a more accurate framework: the "market for loyalties." This model highlights how powerful entities, including governments and private actors, use communication regulation to shape identities and allegiances. The First Amendment, under this interpretation, functions as a regulatory allocation among these entities rather than a guarantee of unfettered speech. The rise of global communication technologies and competing loyalties challenges the nation-state's ability to control this market, reshaping the role of law and governance in identity formation.

On The Efficiency Of Secured Lending, David G. Carlson

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The article challenges the Law and Economics movement's assertion that secured lending is inefficient, arguing instead that it can be efficient by reducing risk and lowering the cost of credit. Carlson contests the movement's reliance on outdated theories like the Modigliani-Miller model, which he believes fails to account for real-world factors such as time and risk. He posits that secured lending can prevent debtor misbehavior, thereby making credit more accessible and reducing risks for creditors.

Virgin Territory: Margaret Radin's Imagery Of Personal Property As The Inviolate Feminine Body, Jeanne L. Schroeder

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Margaret Jane Radin's theory of property for personhood posits that certain personal property is deeply intertwined with individual identity, necessitating legal protections that go beyond traditional property rights. While her approach offers a feminist perspective by emphasizing the body and body-like objects as extensions of selfhood, critics argue that her framework lacks an account of community and intersubjectivity, rendering it incomplete. The article suggests that integrating insights from Hegel and Lacan could provide a more comprehensive understanding of property relations, addressing both personal and communal dimensions.

Bioethics With A Human Face, Carl E. Schneider

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This Article and the successor article I will shortly publish grow out of one reaction I have had to years of reading bioethical and legal literature. Let me begin by putting the point in its simplest, even crudest, form: That literature too often discusses the problems of health care in so disembodied and denatured a way that the patients and physicians, the family and friends, the dread and the disease are quite abstracted from the scene. The result is a literature that critically limits itself and that crucially oversimplifies the issues it confronts. There are, of course, reasons bioethical and …

Apple Of Gold: Constitutionalism In Israel And The United States, Michel Rosenfeld

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No abstract provided.

Legality Of Secessions: The Case Of Eritrea, Minasse Haile

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The article critically examines the legal basis for Eritrea's secession from Ethiopia in 1993, arguing that the secession lacks a solid foundation under international law. It contends that Eritrea's independence does not meet the criteria for self-determination as defined by international instruments, emphasizing that the process was flawed and did not genuinely reflect the will of the Eritrean people. The analysis highlights the international community's opposition to secession to preserve territorial integrity and stability, asserting that Eritrea's secession undermines peace and security in the Horn of Africa.

On The Contribution Of Baseball To American Legal Theory, Charles M. Yablon

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The article explores the influence of baseball on American legal theory, arguing that baseball's rules and traditions have significantly shaped legal thought. It posits that baseball's structured yet flexible system, which acknowledges both luck and skill, offers valuable insights into legal principles and methodologies. The author contends that legal scholars have drawn parallels between baseball and law, leading to new perspectives in jurisprudence.

The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton

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No abstract provided.

Publicly Held Servitudes In The New Restatement, Stewart E. Sterk

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The first Restatement of Servitudes, adopted by the American Law Institute fifty years ago, largely ignored public law issues. Because condominiums were largely unknown and homeowners' associations were in their infancy, the Restatement did not discuss, let alone resolve, the problems that arise when property owners create governance structures by private agreement. Similarly, the Restatement accorded no special treatment to the problems that arise when government, as landowner or as regulator, enters into servitude relationships. The current Restatement has remedied these omissions. Its not yet completed chapter on Property Owners' Associations has already received considerable attention. Less noticed, however, have …

Jurisprudence And Personality In The Work Of John Rawls, David G. Carlson

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The article argues that John Rawls's concept of the person undergoes a significant shift between A Theory of Justice and Political Liberalism, necessitating a corresponding change in jurisprudence. In A Theory of Justice, Rawls employs a "correlative jurisprudence," where law is determinate, complete, and judges merely apply existing law. This approach is tied to a narrow, passive view of personality, treating individuals as mere loci of liberty and rights. In contrast, Political Liberalism presents a dynamic, contradictory conception of the person as a union of moral capacity and a determinate conception of the good. This shift, the article contends, requires …

Living With The Ban On Nonrefundable Retainers: Cooperman's Scope, Meaning And Consequences, Lester Brickman, Lawrence A. Cunningham

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No abstract provided.

The Place Of Caste Under The Civil Rights Laws: From Jim Crow To Same Sex Marriages, Richard A. Epstein

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No abstract provided.

Controlling Unstable Periodic Orbits In A Nonlinear Optical System: The Ikeda Map, Paul Alsing, Athanasios Gavrielides, Vassilios Kovanis

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With the publication of the seminal paper by Ott, Grebogi and Yorke (OGY) [l] the concept of controlling chaos has become part of the lexicon of physicists and engineers dealing with chaotic nonlinear dynamical systems. The authors showed that by using small, judiciously applied perturbations the unstable periodic orbits, which are dense in a chaotic attractor, could be stabilized. The strength of their approach lies in the absence of the necessity for any a priori analytical model of the chaotic system in order to affect the control. The information required to construct the controlling perturbations can be extracted from experimental …

Pushing The Law To Encompass The Reality Of Our Families: Protecting Lesbian And Gay Families From Eviction From Their Homes - Braschi'S Functional Definition Of Family And Beyond, Paris R. Baldacci

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No abstract provided.

Bioethics In The Language Of The Law, Carl E. Schneider

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What happens when the language of the law becomes a vulgar tongue? What happens, more particularly, when parties to bioethical discourse are obliged to borrow in their daily controversies the ideas, and even the language, peculiar to judicial proceedings? How suited are the habits, taste, and language of the judicial magistrate to the political, and more particularly, the bioethical, questions of our time? We ask these questions because, as the incomparable Tocqueville foresaw, Americans today truly do resolve political-and moral--questions into judicial questions. As Abraham Lincoln hoped, the Constitution "has become the political religion of the nation," and many Americans …

The Partial Republican, John O. Mcginnis

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No abstract provided.

Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham

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No abstract provided.

The Other Path Of The Law, Arthur J. Jacobson

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The article argues that the informal economy plays a crucial role in shaping jurisprudence, challenging the traditional state-oriented, "static" approach to law. It introduces the concept of "dynamic jurisprudence," which emphasizes individual dignity, mutual recognition, and the constant reshaping of legal norms through interpersonal interactions. This dynamic approach contrasts with static jurisprudence, which relies on a correlating agency like the state to maintain rights and duties. The article contends that dynamic jurisprudence enhances personal and collective power, allowing individuals to resist or reform state commands, and highlights the importance of recognizing the interplay between formal and informal legal systems.

Discussion And Decisions: A Proposal To Replace The Myth Of Self-Rule With An Attorneyship Model Of Representation, Marci A. Hamilton

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The traditional model used by legal scholars to describe our system of representative democracy seeks to justify representation as a fulfillment of the self-rule ideal Many scholars, however, have argued that certain features of the modem legislative process undermine self-rule, and have proposed means by which judicial review can correct legislative failures and restore self-rule to primacy. Drawing on German philosopher Carl Schmitt's critique of parliamentary democracy in Weimar Germany, Professor Hamilton posits that scholarly attempts to reconcile self-rule with representative democracy are misguided. Representation based on self-rule will inevitably lead to interest-group politics, resulting in meaningless and endless debate …

Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell

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No abstract provided.

The State Of Madison's Vision Of The State, Frank H. Easterbrook

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No abstract provided.

Professor Cornelius J. Peck: A Man Of Many Talents, Ralph W. Johnson

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Outstanding teacher, authoritative writer, master winemaker, successful labor arbitrator, durable bicyclist, avid gardener, occasional portrait painter, and more. Meet University of Washington School of Law Professor Emeritus Cornelius J. Peck. Born in Calumet, Michigan, he attended public schools in Iron Mountain, Michigan, and found his way east to Harvard, where he received a B.S. degree in 1944 and an LL.B. in 1949. He was a Harvard National Scholar while he worked on his B.S. and law degrees. He held two jobs with the U.S. Department of Justice and one with the National Labor Relations Board before joining the University of …

Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam

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Self-determination is a slogan that has captured the imagination of people throughout the world. Numerous U.N. General Assembly resolutions have exalted self-determination, often above the fundamental rights specifically provided for in the U.N. Charter. Notwithstanding these resolutions, in practice, self-determination generally has been applied only to the dismemberment of colonial empires. Its universal application is neither possible nor desirable.

In the Arab-Israeli conflict, self-determination was never truly the issue. The conflict has been deliberately transformed into a claim for self-determination as a political tactic designed to gain the support of third world countries in the United Nations. The issues in …

Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider

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In this Essay, I want to reflect on no fault-divorce and the social attitudes that underlie it. In particular, I want to consider that reform in light of an article I wrote some years ago entitled Moral Discourse and the Transformation of American Family Law. There I argued that in recent years the language of American family law has changed notably: today family law issues are decreasingly discussed in the language of morality. In other words, legal institutions have decreasingly talked about those issues in moral terms. Rather, they have tended to avoid handling some moral issues altogether-often by …

Ion Implantation Of Porous Silicon, C. Peng, Philippe M. Fauchet, J. M. Rehm, G. L. Mclendon, F. Seiferth, Santosh K. Kurinec

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Investigates the ion implantation of porous silicon (Si). Properties of light-emitting Si; Application of continuous-wave and time dependent photoluminescence spectroscopies; Comparison of dopant implantation effect in varying doses.

A Cd-Rom Based Agricultural Information Retrieval System, H W. Beck, P H. Jones, Dennis G. Watson

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An information retrieval system for agricultural extension was developed using CD-ROM technology as the primary medium for information delivery. Object-oriented database techniques were used to organize the information. Conventional retrieval techniques including hypertext, fulltext searching, and relational databases, and decision support programs such as expert systems were integrated into a complete package for accessing information stored on the CDROM. A multimedia user interface was developed to provide a variety of capabilities including computer graphics and high-resolution digitized images. Information for the disk was gathered and entered using extension publications which were tagged using an SGML-based document markup language. The fully …

The Legal Regulation Of Genetic Discrimination: Old Responses To New Technology, Richard A. Epstein

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No abstract provided.