Grains of Sand or Butterfly Effect: Standing, the Legitimacy of Precedent, and Reflections on \u3cem\u3eHollingsworth\u3c/em\u3e and \u3cem\u3eWindsor\u3c/em\u3e

One test of whether a scholarly work has achieved canonical status is to ask respected scholars in the field which works, setting aside their own, are essential reads. William Fletcher’s article, The Structure of Standing, now in its twenty-fifth year, would almost certainly emerge at the top of any such lists among standing scholars. And yet, while many at this conference have built upon Fletcher’s insights, there remains notable disagreement concerning standing doctrine’s normative foundations. The central dispute concerns whether standing doctrine should be celebrated as furthering a “private-rights,” or instead, condemned as thwarting a “public-rights,” adjudicatory model. In a series of works employing social choice theory, I have presented standing doctrine as furthering a private-rights adjudicatory model. In separate high-profile works, Professors Heather Elliott and Jonathan Siegel have criticized this account, claiming it rests on the “great myth” that the judicial lawmaking is inextricably tied to dispute resolution, with precedent creation merely an incidental byproduct. Instead, Elliott and Siegel contend that the federal judiciary, including especially the Supreme Court, has the primary responsibility of announcing constitutional rules, with case resolutions a justificatory vehicle for performing that task. Siegel further maintains that if, as the social choice model suggests, standing raises the cost to ideological litigants of timing the path of case law to influence developing doctrine, it is no more effective than tossing a “few grains of sand” into the gears of the judicial-lawmaking apparatus. In this Article I respond to these critiques and defend the social choice analysis of standing and the private-rights model on which it rests. First, these and other public-rights scholars fail to appreciate that the private-rights model enhances the normative legitimacy and durability of precedent. If the justification for creating precedent is the present favorable conditions of judicial staffing, then the arguments for respecting the resulting precedent erode when those conditions change, favoring those opposing the precedent. Second, these critiques misread the social choice model of standing to imply that relaxing its limiting conditions undermines the claim that with reasonable assumptions, even if there are no changes in Supreme Court staffing, in the disposition of cases below, in intervening precedent, and in the jurisprudential views of sitting justices, ideological litigants can effect substantive doctrine through favorable case orderings. The opposite is true: Relaxing these limiting conditions has the potential to enhance, not diminish, incentives to manipulate case orderings for maximal doctrinal effect. Third, and finally, expanding the social choice analysis to account for (1) delays in lower federal courts or state courts, (2) the results of changed judicial staffing on the Supreme Court, and (3) the bidirectional nature of constitutional and prudential standing rules more likely generates a butterfly effect, with substantial implications for developing doctrine, than an inconsequential tossing of sand into the works of developing precedent

A theory of resolution

We review the fundamental resolution-based methods for first-order theorem proving and present them in a uniform framework. We show that these calculi can be viewed as specializations of non-clausal resolution with simplification. Simplification techniques are justified with the help of a rather general notion of redundancy for inferences. As simplification and other techniques for the elimination of redundancy are indispensable for an acceptable behaviour of any practical theorem prover this work is the first uniform treatment of resolution-like techniques in which the avoidance of redundant computations attains the attention it deserves. In many cases our presentation of a resolution method will indicate new ways of how to improve the method over what was known previously. We also give answers to several open problems in the area

On the complexity of enumerating pseudo-intents

AbstractWe investigate whether the pseudo-intents of a given formal context can efficiently be enumerated. We show that they cannot be enumerated in a specified lexicographic order with polynomial delay unless P=NP. Furthermore we show that if the restriction on the order of enumeration is removed, then the problem becomes at least as hard as enumerating minimal transversals of a given hypergraph. We introduce the notion of minimal pseudo-intents and show that recognizing minimal pseudo-intents is polynomial. Despite their less complicated nature, surprisingly it turns out that minimal pseudo-intents cannot be enumerated in output-polynomial time unless P=NP

Applying Formal Methods to Networking: Theory, Techniques and Applications

Despite its great importance, modern network infrastructure is remarkable for the lack of rigor in its engineering. The Internet which began as a research experiment was never designed to handle the users and applications it hosts today. The lack of formalization of the Internet architecture meant limited abstractions and modularity, especially for the control and management planes, thus requiring for every new need a new protocol built from scratch. This led to an unwieldy ossified Internet architecture resistant to any attempts at formal verification, and an Internet culture where expediency and pragmatism are favored over formal correctness. Fortunately, recent work in the space of clean slate Internet design---especially, the software defined networking (SDN) paradigm---offers the Internet community another chance to develop the right kind of architecture and abstractions. This has also led to a great resurgence in interest of applying formal methods to specification, verification, and synthesis of networking protocols and applications. In this paper, we present a self-contained tutorial of the formidable amount of work that has been done in formal methods, and present a survey of its applications to networking.Comment: 30 pages, submitted to IEEE Communications Surveys and Tutorial

The Methodology of Political Theory

This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories, for the purpose of justifying or criticizing them. Finally, it looks at a recent debate on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science