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Natural Theology, Methodological Naturalism, And "Turtles All The Way Down", Del Ratzsch

University Faculty Publications and Creative Works

Natural theology has not been held in particularly high regard during the past century and one half. However, recent developments both within science and within philosophy of science offer some new possibilities and resources. In what follows I explore some areas and structures within which natural theological potential might (in principle) emerge. I further argue that the current weapon of choice against substantive science/religion mtertwining - methodological naturalism - not only fails as an inviolable norm, thus leaving the possibility of a genuine natural theology intact, but that it may even have unhappy theological consequences.

Law School Announcements 2004-2005, Law School Announcements Editors

Announcements

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University Of San Diego News Print Media Coverage 2004.10, University Of San Diego Office Of Public Relations

Print Media Coverage (1947-2009)

Printed clippings housed in folders with a table of contents arranged by topic.

The Disloyalty Of Stock And Stock Option Compensation,, Calvin H. Johnson

Connecticut Insurance Law Journal

No abstract provided.

Bankruptcy Of The Banking System And Guarantees' Regulation In Mexico, E. Arcelia Quintara Adriano

Penn State International Law Review (1982 - 2011)

No abstract provided.

Table Of Contents - Issue 3, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Pernicious Ambiguity In Contracts And Statutes, Lawrence M. Solan

Chicago-Kent Law Review

This Article explores pernicious ambiguity, an interpretive problem that is not adequately acknowledged by the legal system. Pernicious ambiguity occurs when the various actors involved in a dispute all believe a text to be clear, but assign different meanings to it. Depending upon how the legal system handles this situation, a case with pernicious ambiguity can easily become a crapshoot. If the judge does not take heed of the competing interpretations as reflecting a lack of clarity, and if that judge happens to understand the document in a way helpful to a particular party, that party wins. Because the document …

Did Clinton Lie?: Defining "Sexual Relations", Peter Tiersma

Chicago-Kent Law Review

With the impeachment proceedings against President Clinton now well behind us, we can step back and consider the matter somewhat more dispassionately. The focus of the impeachment hearings was that Clinton perjured himself and engaged in obstruction of justice. I limit my observations to the question of whether he committed perjury, and in particular, whether he lied when he denied having a sexual relationship with a White House intern, Monica Lewinsky.

When Clinton was first asked during a deposition whether he had ever had an "affair" or "sexual relationship" with Lewinsky, he quite explicitly denied it. He was asked about …

Authority Heuristics, David J. Gerber

Chicago-Kent Law Review

This Article examines a characteristic of legal language that leads to unexpected and potentially harmful distortions of legal knowledge. It describes how authority heuristics distort knowledge about law in foreign legal systems. The concept of authority heuristics refers to assumptions about authority that are imbedded in cognition. The Article argues that where a legal professional in one system relies on authoritative language in another legal system, she is likely to apply authority heuristics from her own system and to that extent misinterpret information that she receives from the foreign system. The same language that provides valuable information when used by …

What's Wrong With Harmless Theories Of Punishment, Kenworthey Bilz, John M. Darley

Chicago-Kent Law Review

We maintain that conventional punishment theories obscure what is virtually always at the heart of punishment policy debates: harm. Namely, punishment policy disputes reflect contested views about what the harms inflicted by crime are as an empirical matter, and whether these harms ought to be acknowledged by the criminal justice regime as a normative matter. We argue that in order to know who, what, and how much to punish, one must take a position about what the harms of crime actually are. However, conventional punishment theories are mute on this question. When they supply an answer, it is because they …

Questioning Deference, Christina E. Wells

Faculty Publications

This article examines the accepted axiom that courts should defer to the government's actions during national security crises even when such actions potentially violate citizens' constitutional rights. The paper questions two assumptions underlying that axiom - first, that executive officials are best equipped to determine when security needs justify liberty infringements and, second, that judges are particularly unqualified to meddle in security issues, even when civil liberties are involved. Relying on psychological theories regarding the role that fear plays in skewing risk assessment and historical analyses of past crises, the paper argues that times of crisis lend themselves to unnecessary …

Two Mistakes Behavioralists Make: A Reply To Professor Feigenson Et Al. And Professor Slovic, Thom Lambert

Faculty Publications

First, the growing catalog of cognitive quirks may lead behavioralists to hastily adopt “non-rational” explanations for otherwise rational behavior. Second, because their evidence seems to undermine the rationality assumption of Chicago school law and economics, behavioralists may improperly assume that their work also undermines that school's default policy prescription--i.e., laissez faire. Consequently, they may advocate inappropriately paternalistic government policies.

The Coiled Serpent Of Argument: Reason, Authority, And Law In A Talmudic Tale, David Luban

Chicago-Kent Law Review

Perhaps the best-known story in the Talmud is the tale of the Oven of Akhnai, in which Rabbi Eliezer performs miracles to prove a contested point of law, while the other rabbis in the court reply that even a divine voice cannot overturn the vote of the majority. The surprising twists in the story raise complex issues about the nature of authority and legal objectivity, the coerciveness of logic, the political character of courts, and the ethics of argument. This Article offers several readings of the Oven of Akhnai and explores its relevance to contemporary legal theory.

The Anti-Competitive Effects And Antitrust Implications Of Category Management And Category Captains Of Consumer Products, Leo S. Carameli Jr.

Chicago-Kent Law Review

Just how do grocery stores choose what products to carry? They ask the manufacturer, of course. This Note discusses supermarket implementation of Category Management through the use of Category Captains. Category Management is a methodology by which firms can make educated decisions as to the appropriate assortment of products to carry, and the proper means to shelve, price, and promote those products. A Category Captain is a single preferred manufacturer selected by a retailer to perform Category Management work for its own and its competitors' products. This Note discusses how certain implementations of the retailer-Category Captain relationship may be anticompetitive …

Nurses Alumni Association Bulletin, Fall 2004, Paula Levine, Elizabeth K. Prisnock, Sally H. Wagner, John J. Wagner

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Current Issues In The Enforcement Of International Arbitration Awards, Joseph E. Neuhaus

University of Miami Inter-American Law Review

No abstract provided.

United States Regulation Of Canadian Securities Attorneys Under Sarbanes-Oxley: Exploring Costs And Finding An Optimal Allocation Of Authority, Lauren M. Harper

University of Miami Inter-American Law Review

No abstract provided.

Politicizing The End Of Life: Lessons From The Schiavo Controversy, Barbara A. Noah

University of Miami Law Review

No abstract provided.

Returning The Language Of Fairness To Equal Protection: Justice Ruth Bader Ginsburg's Affirmative Action Jurisprudence In Grutter And Gratz And Beyond Celebrating The Jurisprudence Of Justice Ruth Bader Ginsburg, Shira Galinsky

City University of New York Law Review

No abstract provided.

Spatial Heterogeneity, Not Visitation Bias, Dominates Variation In Herbivory: Comment & Reply, James F. Cahill, Brenda B. Casper, David S. Hik, Svata M. Louda, Anne M. Parkhurst, Kate L. Bradley, Elisabeth S. Bakker, Johannes M. H. Knops, Ellen I. Damschen, Lauren M. Young

School of Biological Sciences: Faculty Publications

An exchange regarding the article: Bradley, K. L., E. I. Damschen, L. M. Young, D. Kuefler, S. Went, G. Wray, N. M. Haddad, J. M. H. Knops, and S. M. Louda. 2003. Spatial heterogeneity, not visitation bias, dominates variation in herbivory. Ecology 84:2214–2221.

Cahill et al. write:
Here we show that the experimental design and statistical analysis used by Bradley et al. (2003) do not adequately control for Type II experimental error (accepting the null hypothesis when it is in fact false). This is particularly important when responses have low effect sizes such as those previously demonstrated for visitation effects …

On The Philosophical Consistency Of Season Seven; Or, "It's Not About Right, Not About Wrong…", James B. South

Philosophy Faculty Research and Publications

No abstract provided.

At The Intersection Of Law And Pyschometrics: Explaining The Validity Clause Of No Child Left Behind, Benjamin Michael Superfine

The Journal of Law and Education

No abstract provided.

Captors To Captives To Christians To Calabar: Navigating The Boundaries Of Slavery And Freedom In The Trans-Atlantic Slave Trade, Matt D. Childs

Faculty Publications

No abstract provided.

Workers Crushed By Vehicles, Kentucky Injury Prevention And Research Center

Kentucky Haz Alerts--Motor Vehicle

To prevent motor vehicle repair injuries:

• Ensure that vehicles are positively restrained from moving with chocks.
• Do not place jack stands under potential moving vehicle parts.
• The space under a jack-suspended vehicle should not be entered unless suitable vehicle support stands are utilized.

Accountability In A Postdesegregation Era: The Continuing Significance Of Racial Segregation, Kathryn M. Borman, Tamela Eitle, Deanna Michael, David J. Eitle, Reginald Lee, Larry Johnson, Deirdre Cobb-Roberts, Sherman Dorn, Barbara Shircliffe

Educational and Psychological Studies Faculty Publications

In the wake of both the end of court-ordered school desegregation and the growing popularity of accountability as a mechanism to maximize student achievement, the authors explore the association between racial segregation and the percentage of students passing high-stakes tests in Florida's schools. Results suggest that segregation matters in predicting school-level performance on the Florida Comprehensive Assessment Test after control for other known andpurportedpredictors of standardized testperformance. Also, these results suggest that neither recent efforts by the state of Florida to equalize the funding of education nor current efforts involving high-stakes testing will close the Black-White achievement gap without consideration …

Back To The Future: The New General Common Law, Louise Weinberg

Journal of Maritime Law and Commerce

No abstract provided.

Bs News

Building Services Engineering

No abstract provided.

Electronic Discovery Sanctions In The Twenty-First Century, Shira A. Scheindlin, Kachana Wangkeo

Michigan Telecommunications & Technology Law Review

At the federal level, the Civil Rules Advisory Committee has responded to the "unique and necessary feature of computer systems--the automatic recycling, overwriting, and alteration of electronically stored information"--with a proposed amendment to Rule 37. The proposed Rule 37(f) would shield litigants from sanctions for the destruction of electronic data if the party "took reasonable steps to preserve the information after it knew or should have known the information was discoverable in the action" and "the failure resulted from the loss of the information because of the routine operation of the party's electronic information system." The safe harbor provision would …

College Voice Vol. 28 No. 4, Connecticut College

2004-2005

No abstract provided.

If It Ain't Broke ... : Changing Search Philosophies, John M. Weiner

E-JASL: Electronic Journal of Academic and Special Librarianship (1999-2009, Volumes 1-10)

Abstract

This study employs simulation analyses to determine the consequences of two search philosophies. The first is called the a posteriori approach and involves terms selected arbitrarily by the user without knowledge of the specific content of the documents. The second is the a priori approach and involves terms selected because the user knows that the author employed those exact terms in describing his/her findings. Further, the authors' combinations of these terms would be known. The results of simulation studies show that the a posteriori approach was comparable to a random walk. If the need to correctly identify documents was …