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The Rights Of Legislators And The Wrongs Of Interpretation: A Further Defense Of The Constitutionality Of Legislative Supermajority Rules, John O. Mcginnis, Michael B. Rappaport Nov 1997

The Rights Of Legislators And The Wrongs Of Interpretation: A Further Defense Of The Constitutionality Of Legislative Supermajority Rules, John O. Mcginnis, Michael B. Rappaport

Articles

No abstract provided.


Ccd Speckle Observations Of Binary Stars From The Southern Hemisphere, Elliott P. Horch, Zoran Ninkov, Robert W. Slawson Nov 1997

Ccd Speckle Observations Of Binary Stars From The Southern Hemisphere, Elliott P. Horch, Zoran Ninkov, Robert W. Slawson

Articles

We present 119 position angle and separation measures of 86 double stars observed by way of speckle interferometry with the University of Toronto Southern Observatory 60 cm telescope at Las Campanas, Chile. Speckle interferograms are recorded with a bare (unintensified) front-illuminated CCD in a fast subarray-readout mode. Position angles and separations are determined by a weighted least-squares fitting algorithm applied to the binary power spectra, and the 180-degree ambiguity in the position angle inherent in this approach is resolved by bispectral analysis. In this configuration the 60 cm telescope exhibits near-diffraction-limited performance. Initial results indicate that our separation measures have …


The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis Oct 1997

The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis

Articles

Public choice offers an analysis of the Constitution that is broadly consonant with an important aspect of the Framers' own approach. The Framers' values were those largely of the Scottish enlightenment: they believed in progress of civilization-the accumulation of wealth and knowledge. In order to create a structure of society that would accomplish these ends, they relied on another Enlightenment axiom, namely that man is an object of natural science. By understanding the predictable manner in which individuals are likely to behave in given situations, the Framers could shape a constitution that would channel their behavior to meet their Enlightenment …


Voidable Preferences And Proceeds: A Reconceptualization, David G. Carlson Oct 1997

Voidable Preferences And Proceeds: A Reconceptualization, David G. Carlson

Articles

The article examines the complexities surrounding voidable preferences and proceeds in bankruptcy law, particularly when a secured creditor holds a floating lien on a debtor's assets. It argues that payments made by the debtor to unsecured creditors using encumbered funds can be recovered by the bankruptcy trustee as voidable preferences, provided the creditor cannot trace the funds back to their trust property. The analysis critiques existing case law and proposes that the voidable preference right is never part of the debtor's estate, instead being held by the trustee. The article also challenges the notion that good faith purchasers should retain …


Julien Green - A Life Full Of Paradoxes, Eamon Maher Oct 1997

Julien Green - A Life Full Of Paradoxes, Eamon Maher

Articles

Material reproduced by kind permission of Doctrine and Life.


Contingency Fees: Should Plaintiffs Lawyers In The Tobacco Settlement Receive Billions Of Dollars?, Charles Silver, Lester Brickman Sep 1997

Contingency Fees: Should Plaintiffs Lawyers In The Tobacco Settlement Receive Billions Of Dollars?, Charles Silver, Lester Brickman

Articles

The article debates the fairness of contingency fees for plaintiff lawyers in the $368.5 billion tobacco settlement, with one side arguing the fees are justified due to the high risks and successful outcome, while the other advocates for congressional intervention to set a uniform, sliding-scale fee structure.


The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler Jul 1997

The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler

Articles

No abstract provided.


After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert Jul 1997

After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert

Articles

This article traces some of the controversies surrounding DNA evidence and argues that although many have been laid to rest by scientific developments confirmed in the National Research Council's second DNA report, there remain several problems which are likely to lead to continued questioning of standard ways prosecutors present DNA evidence. Although much about the report is to be commended, it falls short in several ways, the most important of which is in its support for presenting random match probabilities independent of plausible error rates. The article argues that although one can sympathize with the NRC committee's decision as an …


On The Stark Broadening Parameters Of The Two Nii Spectral Lines Of The 3d-4f Transition, Vladimir Milosavljevic, Stevan Djenize Jun 1997

On The Stark Broadening Parameters Of The Two Nii Spectral Lines Of The 3d-4f Transition, Vladimir Milosavljevic, Stevan Djenize

Articles

Stark parameters (width and shift) of two singly ionized nitrogen spectral lines, that belong to 3d-4f transition have been measured in a linear pulsed, low pressure, arc discharge in the nitrogen-oxygen plasma at a 54000 K electron temperature and at a 2.8×10 23 m−3 electron density. The measured values have been compared to the existing experimental and calculated data


The Hazards Of Tinkering With The Common Law Of Future Interests: The California Experience, Laura E. Cunningham Apr 1997

The Hazards Of Tinkering With The Common Law Of Future Interests: The California Experience, Laura E. Cunningham

Articles

No abstract provided.


Law And Iconomics, Jeanne L. Schroeder, David G. Carlson Apr 1997

Law And Iconomics, Jeanne L. Schroeder, David G. Carlson

Articles

Peter Goodrich's Oedipus Lex critically examines the English common law tradition through a psychoanalytic lens, revealing a 'legal unconscious' that underscores deep-seated repressions and contradictions. He argues that common law has historically attempted to exclude imagery and the feminine, yet these elements persist, leading to internal conflicts. By analyzing historical legal texts from the Elizabethan and Jacobean periods, Goodrich exposes violent rhetoric against enemies of the common law, such as Catholics and women, highlighting the law's struggle with its own unconscious structures.


Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert Apr 1997

Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert

Articles

As I write, the racial divide in America is said to be greater than at any time in the past 25 years.' Two events are blamed: the O.J. Simpson criminal trial and the Louis Farrakan led "Million Man March." That these events should exacerbate racial division is extraordinary. The Farrakan led march brought together between 400,000 and 800,000 black males to pledge that they would take the kind of responsibility for their actions and their families that white Americans have long argued they should take. The O.J. Simpson trial was more a "who done it" than a racial morality play. …


House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch Mar 1997

House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch

Articles

No abstract provided.


A New Distributed Constant False Alarm Rate Detector, Hamid Amirmehrabi, R. Viswanathan Jan 1997

A New Distributed Constant False Alarm Rate Detector, Hamid Amirmehrabi, R. Viswanathan

Articles

A new constant false alarm rate (CFAR) test termed signal-plus-order statistic CFAR (S+OS) using distributed sensors is developed. The sensor modeling assumes that the returns of the test cells of different sensors are all independent and identically distributed. In the S+OS scheme, each sensor transmits its test sample and a designated order statistic of its surrounding observations to the fusion center. At the fusion center, the sum of the samples of the test cells is compared with a constant multiplied by a function of the order statistics. For a two-sensor network, the functions considered are the minimum of the order …


The 1997 Water Rights Settlement Between The State Of Montana And The Chippewa Cree Tribe Of The Rocky Boy's Reservation: The Role Of Community And Of The Trustee, Barbara Cosens Jan 1997

The 1997 Water Rights Settlement Between The State Of Montana And The Chippewa Cree Tribe Of The Rocky Boy's Reservation: The Role Of Community And Of The Trustee, Barbara Cosens

Articles

No abstract provided.


Toward The Making Of Good Lawyers: How An Appellate Clinic Satisfies The Professional Objectives Of The Maccrate Report, Maureen Laflin Jan 1997

Toward The Making Of Good Lawyers: How An Appellate Clinic Satisfies The Professional Objectives Of The Maccrate Report, Maureen Laflin

Articles

No abstract provided.


Externalities Everywhere: Morals And The Police Power, Richard A. Epstein Jan 1997

Externalities Everywhere: Morals And The Police Power, Richard A. Epstein

Articles

No abstract provided.


Employment Law: Courts And Contracts, Richard A. Epstein Jan 1997

Employment Law: Courts And Contracts, Richard A. Epstein

Articles

No abstract provided.


The Law And Economics Of Vanishing Premium Insurance, Daniel R. Fischel, Robert S. Stillman Jan 1997

The Law And Economics Of Vanishing Premium Insurance, Daniel R. Fischel, Robert S. Stillman

Articles

No abstract provided.


From Theory To Practice Order Of The Coif Lecture: Response, Cass R. Sunstein Jan 1997

From Theory To Practice Order Of The Coif Lecture: Response, Cass R. Sunstein

Articles

No abstract provided.


Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein Jan 1997

Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein

Articles

Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …


Freedom From Persecution Or Protection Of The Rights Of Conscience: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell Jan 1997

Freedom From Persecution Or Protection Of The Rights Of Conscience: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell

Articles

No abstract provided.


Choice-Of-Law Symposium, David P. Currie Jan 1997

Choice-Of-Law Symposium, David P. Currie

Articles

No abstract provided.


Why Quine Is Not A Postmodernist, Brian Leiter Jan 1997

Why Quine Is Not A Postmodernist, Brian Leiter

Articles

No abstract provided.


A Human Rights Perspective In The Broadcasting Bill Debate, Mark N. Templeton Jan 1997

A Human Rights Perspective In The Broadcasting Bill Debate, Mark N. Templeton

Articles

No abstract provided.


Comment: Accounting For Norms, Richard H. Mcadams Jan 1997

Comment: Accounting For Norms, Richard H. Mcadams

Articles

No abstract provided.


Externalities Everywhere? Morals And The Police Power, Richard A. Epstein Jan 1997

Externalities Everywhere? Morals And The Police Power, Richard A. Epstein

Articles

No abstract provided.


The Future Of Law And Economics: Looking Forward, Richard A. Posner Jan 1997

The Future Of Law And Economics: Looking Forward, Richard A. Posner

Articles

No abstract provided.


The Future Of Law And Economics: Looking Forward, Douglas G. Baird Jan 1997

The Future Of Law And Economics: Looking Forward, Douglas G. Baird

Articles

No abstract provided.


Adversary Inferences, Frank H. Easterbrook Jan 1997

Adversary Inferences, Frank H. Easterbrook

Articles

No abstract provided.