Two families of rules for the adjudication of conflicting claims

We define two families of rules to adjudicate conflicting claims. The first family contains the constrained equal awards, constrained equal losses, Talmud, and minimal overlap rules. The second family, which also contains the constrained equal awards and constrained equal losses rules, is obtained from the first one by exchanging, for each problem, how well agents with relatively larger claims are treated as compared to agents with relatively smaller claims. In each case, we identify the subfamily of consistent rules.claims problems, constrained equal awards rule, constrained equal losses rule, Talmud rule, minimal overlap rule, ICI rules, CIC rules, consistency.

Endowment additivity and the weighted proportional rules for adjudicating conflicting claims

We propose and study a new axiom, restricted endowment additivity, for the problem of adjudicating conflicting claims. This axiom requires that awards be additively decomposable with respect to the endowment whenever no agent’s claim is filled. For two-claimant problems, restricted endowment additivity essentially characterizes weighted extensions of the proportional rule. With additional agents, however, the axiom is satisfied by a great variety of rules. Further imposing versions of continuity and consistency, we characterize a new family of rules which generalize the proportional rule. Defined by a priority relation and a weighting function, each rule aims, as nearly as possible, to assign awards within each priority class in proportion to these weights. We also identify important subfamilies and obtain new characterizations of the constrained equal awards and proportional rules based on restricted endowment additivity

The Historical Contingencies of Conflict Resolution

This article reviews the historical contingency of theory and practice in conflict engagement. World War II and the Cold War produced adversarial, distributive, competitive, and scarce resources conceptions of negotiation and conflict resolution, as evidenced by game theory and negotiation practice. More recent and more optimistic theory and practice has focused on party needs and interests and hopes for more party-tailored, contingent, flexible, participatory and more integrative and creative solutions for more than two disputants to a conflict. The current challenges of our present history are explored: continued conflict in both domestic and international settings, the challenge of “scaling up” conflict resolution theory and the problematics of developing universal theory in highly contextualized and diverse sets of conflict sites. The limits of “rationality” in conflict resolution is explored where feelings and ethical, religious and other values may be just as important in conflict engagement and handling

\u3ci\u3eChevron\u3c/i\u3e Without the Courts? The Supreme Court\u27s Recent \u3cem\u3eChevron\u3c/em\u3e Jurisprudence Through an Immigration Lens

The limits of administrative law are undergoing a seismic shift in the immigration arena. Chevron divides interpretive and decision-making authority between the federal courts and agencies in each of two steps. The Supreme Court may now be transforming this division in largely unrecognized ways. These shifts, currently playing out in the immigration context, may threaten to reshape deference jurisprudence by handing more power to the immigration agency just when the agency may be least able to handle that power effectively. An unprecedented surge in immigration cases—now approximately 90% of the federal administrative docket—has arrived just as the Court is whittling away the judicial role while expanding agency authority, significantly transforming traditional deference doctrine. In its immigration docket, the Court is shifting the judicial role away from questions of statutory interpretation and towards a mere evaluation of when the agency’s interpretation should be granted deference. Assessment of the “reasonableness” of the agency’s action has given way to marking the outer boundaries of agency action, merging the court’s traditional oversight analysis into a form of “arbitrary and capriciousness” review. The costs of the Court’s reformulation of Chevron are particularly visible in immigration law because recent legislation and structural changes at the immigration agency have already constrained judicial review. However, the reformulation of Chevron occurring in immigration law may threaten to remake administrative law generally. Unfortunately, these developments have received little scholarly attention. Understanding this transformation is imperative as ultimately we may be heading towards “Chevron without the Courts”—wherein the judicial interpretive role is being constrained in the very instances where agencies are least able to function effectively

Interests and Policy Clashes in Conflict of Laws

Glycoside hydrolases (GHs) cleave glycosidic bonds in glycoconjugates, oligosaccharides and polysaccharides such as cellulose and various hemicelluloses. Mannan is a major group of hemicelluloses. In higher plants, they usually serve as storage carbohydrates in seeds and tubers or as structural polysaccharides cross-linking with cellulose/lignin in cell walls. In industrial fields, this renewable biomass component can be used in various areas such as production of biofuels and health-benefit manno-oligosaccharides; and mannan degrading enzymes, especially mannanases, are important molecular tools for controlling mannan polysaccharides properties in biomass conversion. In this thesis, the evolution, substrate specificity and subfamily classification of the most important GH family, i.e., glycoside hydrolase family 5 (GH5), are presented providing a powerful tool for exploring GH5 enzymes in search for enzymes with interesting properties for sustainable biomass conversion. Additionally, three GH5_7 mannanases from Arabidopsis thaliana (AtMan5-1, AtMan5-2 and AtMan5-6) were investigated in the present study. Bioinformatics tools, heterologous expression, and enzymology were applied in order to reveal the catalytic properties of the target enzymes, increase understanding of plant mannanase evolution, and evaluate their potential use in biomass conversion. This approach revealed: (1) AtMan5-1 exhibits mannan hydrolase/transglycosylase activity (MHT), (2) AtMan5-2 preferably degrades mannans with a glucomannan backbone, and (3) AtMan5-6 is a relatively thermotolerant enzyme showing high catalytic efficiency for conversion of glucomannan and galactomannan making this plant mannanase an interesting candidate for biotechnological applications of digesting various mannans. Moreover, these studies suggest an evolutionary diversification of plant mannanase enzymatic function.QC 20150224</p

Remembrance of Things Past? The Relationship of Past to Future in Pursuing Justice in Mediation

In this Article I seek to explore, not resolve, some of the issues and tensions in the role of temporality in achieving justice through mediative processes and to suggest some correctives at the practice level, as well as encourage some deeper thinking at the theoretical level. I focus here on issues of expression of temporality ( the past ) in the justice and mediation question, not on issues of how the past should be judged - by the rule of law, culture, or universal human rights principles, or even how it can be managed when understandings of the past conflict or cannot be resolved. I leave those bigger questions for another day or another writer

Lower bounds rule!

We propose two axioms that introduce lower bounds into resource monotonicity requirements for rules for the problem of adjudicating conflicting claims. Suppose the amount to divide increases. The first axiom requires that two claimants whose lower bound changes equally experience an equal change in awards. The second axiom requires that extra resources are divided only among those claimants who experience a strictly positive change in their lower bound. We show that, in the two-claimant case, Concede-and-Divide is the only rule that satisfies both axioms when the axioms are defined over a large set of lower bounds that include the minimal rights lower bound and the secured lower bound. We also show that, in the n-claimant case where at least one claimant claims the total amount, the Minimal Overlap rule is the only rule that satisfies both axioms when the axioms are defined over the secured lower bound.claims problems, lower bounds, concede-and-divide, minimal overlap rule

Constitutional Analogies in the International Legal System

This Article explores issues at the frontier of international law and constitutional law. It considers five key structural and systemic challenges that the international legal system now faces: (1) decentralization and disaggregation; (2) normative and institutional hierarchies; (3) compliance and enforcement; (4) exit and escape; and (5) democracy and legitimacy. Each of these issues raises questions of governance, institutional design, and allocation of authority paralleling the questions that domestic legal systems have answered in constitutional terms. For each of these issues, I survey the international legal landscape and consider the salience of potential analogies to domestic constitutions, drawing upon and extending the writings of international legal scholars and international relations theorists. I also offer some preliminary thoughts about why some treaties and institutions, but not others, more readily lend themselves to analysis in constitutional terms. And I distinguish those legal and political issues that may generate useful insights for scholars studying the growing intersections of international and constitutional law from other areas that may be more resistant to constitutional analogies

Reflections on Restoring Integrity to the United States Immigration System: A Personal Vision

In the debate on US immigration reform, a number of legislative proposals have been introduced.To be effective, reforms must take into account the lessons learned from implementing the Immigration Reform and Control Act of 1986 (IRCA).This policy brief summarizes these lessons learned as follows: * The robust and growing demand for work and family reunification visas must be incorporated into new policies;* Legalization should not be done halfway;* Reducing incentives for fraud should be a top policy goal; and* Migration is a complex phenomenon that cannot be managed unilaterally; it requires cooperation among neighboring countries.The policy brief argues that there are three "E"s required to achieve stable reform:* Enforcement that devises smarter border and interior controls that are consistent with America's values, temperament, and philosophy of government powers;* Expanded numbers of visas that address the continuing demand, especially from citizens of the countries on America's borders; and* Earned regularization that offers a realistic and fair opportunity to the unauthorized resident population in the United States to earn lawful permanent status