The Honor of Private Law

While combativeness is central to how our culture both experiences and conceptualizes litigation, we generally notice it only as a regrettable cost. This Article offers a less squeamish vision, one that sees in the struggle of people suing one another a morally valuable activity: the vindication of insulted honor. This claim is offered as a normative defense of a civil recourse approach to private law. According to civil recourse theorists, tort and contract law should be seen as empowering plaintiffs to act against defendants, rather than as economically optimal incentives or as a means of enforcing duties of corrective justice. The justification of civil recourse must answer three questions. First, under what circumstances-if any-is one justified in acting or retaliating against a wrongdoer? Second, under what circumstances does the state have reasons for providing a mechanism for such action? Finally, how are the answers to these questions related to the current structure of our private law? This Article offers the vindication of wronged honor as an answer to these three questions. First, I establish the historical connection between honor and litigation by looking at the quintessential honor practice, dueling. Then I argue that the vindication of honor is normatively attractive. I do this by divorcing the idea of honor from unsavory associations with violence and aristocracy, showing how it can be made congruent with certain core modern concerns. In particular, when insulted parties act against wrongdoers, they reestablish the position of respect and equality that the insult upset. I then show how having the state provide plaintiffs with a means of vindicating their honor avoids making the political community complicit in the humiliation of its citizens and provides those citizens with a means of exercising their agency in ways that provide a foundation for self-respect. Finally, I show those areas of private law where honor operates most powerfully as a justification for providing recourse through the courts, while acknowledging that it operates less powerfully as a reason in other areas

Sensory conflict in motion sickness: An observer theory approach

Motion sickness is the general term describing a group of common nausea syndromes originally attributed to motion-induced cerebral ischemia, stimulation of abdominal organ afferent, or overstimulation of the vestibular organs of the inner ear. Sea-, car-, and airsicknesses are the most commonly experienced examples. However, the discovery of other variants such as Cinerama-, flight simulator-, spectacle-, and space sickness in which the physical motion of the head and body is normal or absent has led to a succession of sensory conflict theories which offer a more comprehensive etiologic perspective. Implicit in the conflict theory is the hypothesis that neutral and/or humoral signals originate in regions of the brain subversing spatial orientation, and that these signals somehow traverse to other centers mediating sickness symptoms. Unfortunately, the present understanding of the neurophysiological basis of motion sickness is far from complete. No sensory conflict neuron or process has yet been physiologically identified. To what extent can the existing theory be reconciled with current knowledge of the physiology and pharmacology of nausea and vomiting. The stimuli which causes sickness, synthesizes a contemporary Observer Theory view of the Sensory Conflict hypothesis are reviewed, and a revised model for the dynamic coupling between the putative conflict signals and nausea magnitude estimates is presented. The use of quantitative models for sensory conflict offers a possible new approach to improving the design of visual and motion systems for flight simulators and other virtual environment display systems

A heuristic mathematical model for the dynamics of sensory conflict and motion sickness

The etiology of motion sickness is now usually explained in terms of a qualitatively formulated sensory conflict hypothesis. By consideration of the information processing task faced by the central nervous system in estimating body spatial orientation and in controlling active body movement using an internal model referenced control strategy, a mathematical model for sensory conflict generation is developed. The model postulates a major dynamic functional role for sensory conflict signals in movement control, as well as in sensory motor adaptation. It accounts for the role of active movement in creating motion sickness symptoms in some experimental circumstances, and in alleviating them in others. The relationship between motion sickness produced by sensory rearrangement and that resulting from external motion disturbances is explicitly defined. A nonlinear conflict averaging model describes dynamic aspects of experimentally observed subjective discomfort sensation, and suggests resulting behavior

Quenching the Dragon's Thirst: The South-North Water Transfer Project -- Old Plumbing for New China?

As the legend goes, when a man named Yu heeded the dragon's instructions about how to channel flood waters, he tamed China's rivers and was made emperor. China's rulers have long understood the critical importance of water in ensuring their country's prosperity -- and the link between how effectively they manage these resources and their own political longevity. The pressures for efficient management of water today is similarly challenging as in the past -- China's government must possess the ability to maintain the hydraulic systems necessary to mitigate flooding from China's great rivers but also to ensure an adequate supply of water for the needs of its people. As Joseph Needham in his epic history Science and Civilization in China observed, the challenges of flood control and of maintaining irrigation and water transportation networks, among other dimensions of water management, served as sources of innovation in Chinese civilization as it developed, stimulating technological invention and intellectual debate

Development and fabrication of advanced battery energy storage system Mid-term report, 27 Sep. 1966 - 26 Mar. 1967

Silver-cadmium secondary battery energy storage system using vented cells for manned orbital spacecraf

Beyond Gift and Bargain: Some Suggestions for Increasing Kidney Exchanges

Each year, thousands of people in the United States die from end stage renal disease (ESRD), despite the fact that we have the medical knowledge necessary to save them. The reason is simple: these people need a kidney transplant and we have too few kidneys. Given our current technology, the only way to meet the massive annual shortfall between the number of kidneys that are donated and the number of kidneys that are necessary to save the lives of those with ESRD is to increase the number of living donations. The debate on how to do so has often pitted those who favor creating a “free market” in human organs against those who believe that the selling of organs by human donors poses unacceptable evils and risks. Current law prohibits donors from being paid for kidneys. Once the donation has been made, however, the kidney will often change hands in exchange for money several times before reaching the patient. There are no serious proposals to ban such transactions. This article generally sympathizes with those who favor the free alienation of kidneys by donors in exchange for payment. The goal of this article, however, is not to make another charge across the no man’s land separating free-marketeers from prohibitionists. Rather, it aims to explore ways in which we can increase trust in order to foster a promising new development in transplant medicine: extended kidney exchange

The Supreme Court’s Theory of Private Law

In this Article, we revisit the clash between private law and the First Amendment in the Supreme Court\u27s recent case, Snyder v. Phelps, using a private-law lens. We are scholars who write about private law as individual justice, a perspective that has been lost in recent years but is currently enjoying something of a revival. Our argument is that the Supreme Court\u27s theory of private law has led it down a path that has distorted its doctrine in several areas, including the First Amendment–tort clash in Snyder. In areas that range from punitive damages to preemption, the Supreme Court has adopted a particular and dominant, but highly contested, theory of private law. It is the theory that private law is not private at all; it is part and parcel of government regulation, or public law in disguise. Part I is a brief overview of how that jurisprudential view came to be, as well as a sketch of a competing view of private law as individual justice. In Part II, we briefly trace the development of the doctrine surrounding the tension between the First Amendment and private law, particularly tort law, and how it helps lead to the view of private law as government regulation displayed in Snyder. We also point out how the intentional infliction of emotional distress tort, the main claim at issue in Snyder, is a particularly poor vehicle for the Court\u27s theory of private law. A relatively recent tort, it was developed by scholars and judges as a means of redress for plaintiffs who had been wronged, but were left without a remedy. Part III presents the central claims of the Article. We argue that the conception of private law as government regulation in Snyder arises from a combination of (1) the doctrinal tools that judges use in First Amendment cases, (2) the unitary nature of the state-action doctrine, and (3) the influence of instrumentalism, specifically in obscuring the plaintiff\u27s agency and the state interest in redress, and in privileging a particular view of compensation. In Part IV, we present some normative or prescriptive implications of our analysis, and then conclude

THE CORRELATION OF THE STUDENTS’ UNDERSTANDING OF SIMPLE PRESENT TENSE AND THEIR ABILITY IN MAKING SHORT DIALOGUE AT THE FIRST GRADE OF SMK PLUS AL-HILAL ARJAWINANGUN

OMAN RINGGIT “The Correlation of the Students’ Understanding of Simple Present Tense and Their Ability in Making Short Dialogue at the First Grade of SMK Plus Al Hilal Arjawinangun”. Simple present tense is the first basic tense that should mastered by students in senior high school grade. Before students understand the other tenses or other grammar, students should be able to understand simple present tense first. Because understanding about English can help students in understanding about the next grammar. How about making short dialogue? Do students need to understand simple present tense first in making short dialogue? Making short dialogue is the simplest and the most efficient in practicing English. It’s very important to develop their ability in English. The aims of the research are to find out the students’ understanding of simple present tense, to find out the students’ ability in making short dialogue and to find out if there is a significance correlation of the students’ understanding of simple present tense and their ability in making short dialogue The approach of the research in writing this thesis is a quantitative approach, it is correlation research. It means that data which is obtained from the field of research then analyzed statically. The Pearson’s product moment correlation formulation, the formula of t and the formula for degree of freedom (dF) was used to compute the correlation between two variables. The population of the research is all of students at the first grade of SMK Plus Al Hilal Arjawinangun. All of students at first grade consist of one class. In the research the writer took 100 % of the Population. The analysis of the test shows that the average score of the students’ test of simple present tense was 70 and the average score of the students’ test in making short dialogue was 78. Both of these score can be categorized in good. Meanwhile, the calculation by using Product Moment Correlation by Pearson, indicates the result of the correlation between the students’ understanding of simple present tense and their ability making short dialogue is 0.37, its mean that the between X and Y variable has weak correlation. In other words, there is a positive influence of the student’s understanding of simple present tense on their ability in making short dialogue at the first grade of SMK Plus Al Hilal Arjawinangun