Thesis (Preventive Law), Antithesis (Adversarial Process), Synthesis (Settlement, ADR): A Comment on Nyhard and Dauer

In terms of the Nyhart-Dauer article, the goal which is to be attained is the commercial exploitation of the coastal zone and continental shelf. \u27 The legal system aids the accomplishment of that goal by permitting parties to enter into contracts which define the measure of present exchange and provide the standards by which executory performance will later be judged... 2 The goal is achieved by performances in accord with creative arrangements developed in such a way that their constituents will be most likely to accept and adhere to the undertakings to which they are committed.3 It is performance that counts. In an ideal, and often practical arrangement, performance is achieved without dispute and hence there is no need for concern about dispute resolution. But saying this does not eliminate a legal structure. Rather, it should be recognized that the initial function of the legal structure is to enable parties to achieve their goal. This is a starting point to the jurisprudence of preventive law

Prefatory Remark

The Devitt Committee Report recommends that the American Bar Association re-examine its accreditation standards with a view towards requiring each law school to provide trial advocacy training. In my opinion, it is improper to emphasize trial advocacy to the exclusion of other means of solving disputes. The Devitt Report gives not the slightest hint of or reference to negotiated settlements, arbitration or mediation as methods to assist in settling disagreements. The Committee, by apparently accepting without dissent the Report\u27s stated objective, ignored the broader social purposes to be served by requiring law schools to emphasize skills training in general

Ancilla-based quantum simulation

We consider simulating the BCS Hamiltonian, a model of low temperature superconductivity, on a quantum computer. In particular we consider conducting the simulation on the qubus quantum computer, which uses a continuous variable ancilla to generate interactions between qubits. We demonstrate an O(N^3) improvement over previous work conducted on an NMR computer [PRL 89 057904 (2002) & PRL 97 050504 (2006)] for the nearest neighbour and completely general cases. We then go on to show methods to minimise the number of operations needed per time step using the qubus in three cases; a completely general case, a case of exponentially decaying interactions and the case of fixed range interactions. We make these results controlled on an ancilla qubit so that we can apply the phase estimation algorithm, and hence show that when N \geq 5, our qubus simulation requires significantly less operations that a similar simulation conducted on an NMR computer.Comment: 20 pages, 10 figures: V2 added section on phase estimation and performing controlled unitaries, V3 corrected minor typo