Recent Federal Civil Justice Reform in Montana

Recent Federal Civil Justice Reform in Montan

Recent Federal Civil Justice Reform in Montana

Recent Federal Civil Justice Reform in Montan

Recent Federal Civil Justice Reform in Montana

The Montana Federal District Court has continued to experiment with nearly all of the procedures that the court included in the civil justice expense and delay reduction plan which it officially adopted during April 1992 under the Civil Justice Reform Act (CJRA) of 1990. The most important procedures are automatic disclosure, co-equal assignment of cases to Article III judges and magistrate judges located in Billings, and rather close judicial case management. The judicial officers, who include three active and one senior Article III judges and three full-time magistrate judges, and many Montana attorneys who practice in federal court have now accumulated much experience with these new procedures. The Montana District has undertaken, and will soon complete, efforts to analyze the effectiveness of many of the procedures. A number of new developments relating to national effectuation of federal civil justice reform also have been happening. Perhaps most important, all ninety-four federal district courts have now issued civil justice plans. Significant developments in the federal reform nationally and in the Montana Federal District deserve analysis, so that judicial officers and federal court practitioners in Montana will be aware of these important reforms in federal civil practice

Waterfront regeneration in front of heritage protection: challenges and opportunities in Catania waterfront

Catania waterfront identity is based on spatial relationships between the “Late Baroque Towns of the Val di Noto” UNESCO site and the infrastructures – rail and harbour – that are in front of the XVI century city wall. Many realised and ongoing regeneration projects in this area (will) have impacts on cultural heritage. Protecting the cultural heritage will be critical to the promotion of a sense of identity and it should be a part of a further development that balances transformations with heritage protection. Like in some realised projects – “Le Ciminiere” expo centre and Old Customs building restoration – this will be relevant in “Archi della Marina” viaduct ongoing regeneration project. This is the focus in Catania case study of the ESPON targeted research “ENSURE - European Sustainable Urbanisation through port city Regeneration”. The research has analysed the ongoing transformations in Catania historical waterfront, inspiring some solutions for regeneration project, based on a good practice framework drafted by the research group (RAMBOLL sa, School of Geography at University College Dublin, Department of Architecture at University of Palermo)

Theories on the scope for foreign exchange market intervention

Exchange Rate;Foreign Exchange Market;Interventions;Models

Fiduciary Political Theory: A Critique

“Fiduciary political theory” is a burgeoning intellectual project that uses fiduciary principles to analyze public law. This Essay provides a framework for assessing the usefulness and limitations of fiduciary political theory. Our thesis is that fiduciary principles can be fruitfully applied to many domains of public law. However, other domains are incompatible with the basic structure of fiduciary norms. In these domains, fiduciary political theory is less likely to be viable. One contribution of this Essay is to describe the underlying structure of fiduciary norms. We identify three features of these norms that differentiate them from norms of contract, tort, and criminal law. First, fiduciary norms impose deliberative requirements: they make specific types of demands on an agent’s deliberation in addition to her behavior. Second, complying with fiduciary norms requires a special conscientiousness. Living up to a fiduciary obligation depends not only on how an agent behaves and deliberates, but also on whether she does so for the right reasons. Third, fiduciary norms impose “robust” demands, which require the fiduciary to seek out and respond appropriately to new information about the interests of her beneficiaries. We use these insights to assess applications of fiduciary principles to theories of judging, administrative governance, and international law. A fiduciary theory of judging can explain certain aspects of the norms of judging better than alternative theories offered by Ronald Dworkin and Judge Richard Posner. The viability of a fiduciary theory of administrative governance is an open question. Whether this kind of fiduciary political theory is superior to alternatives (like the instrumentalist theory of administrative governance developed by Adrian Vermeule) turns on a deeper dispute about whether administrative law reflects a culture of justification. Finally, a fiduciary political theory of international law (like the one defended by Evan Fox-Decent and Evan Criddle) is unlikely to succeed. Fiduciary norms are structurally incompatible with the domain of international law because compliance with international-law norms is a function of how states behave, rather than how they deliberate or why they behave as they do

Fiduciary Political Theory: A Critique

“Fiduciary political theory” is a burgeoning intellectual project that uses fiduciary principles to analyze public law. This Essay provides a framework for assessing the usefulness and limitations of fiduciary political theory. Our thesis is that fiduciary principles can be fruitfully applied to many domains of public law. However, other domains are incompatible with the basic structure of fiduciary norms. In these domains, fiduciary political theory is less likely to be viable. One contribution of this Essay is to describe the underlying structure of fiduciary norms. We identify three features of these norms that differentiate them from norms of contract, tort, and criminal law. First, fiduciary norms impose deliberative requirements: they make specific types of demands on an agent’s deliberation in addition to her behavior. Second, complying with fiduciary norms requires a special conscientiousness. Living up to a fiduciary obligation depends not only on how an agent behaves and deliberates, but also on whether she does so for the right reasons. Third, fiduciary norms impose “robust” demands, which require the fiduciary to seek out and respond appropriately to new information about the interests of her beneficiaries. We use these insights to assess applications of fiduciary principles to theories of judging, administrative governance, and international law. A fiduciary theory of judging can explain certain aspects of the norms of judging better than alternative theories offered by Ronald Dworkin and Judge Richard Posner. The viability of a fiduciary theory of administrative governance is an open question. Whether this kind of fiduciary political theory is superior to alternatives (like the instrumentalist theory of administrative governance developed by Adrian Vermeule) turns on a deeper dispute about whether administrative law reflects a culture of justification. Finally, a fiduciary political theory of international law (like the one defended by Evan Fox-Decent and Evan Criddle) is unlikely to succeed. Fiduciary norms are structurally incompatible with the domain of international law because compliance with international-law norms is a function of how states behave, rather than how they deliberate or why they behave as they do

Kin-preferential cooperation, dominance-dependent reproductive skew, and competition for mates in communally nesting female house mice

Little is known about the behavioural mechanisms facilitating kin-preferential communal breeding in wild house mice (Mus domesticus). We evaluated the effect of kinship and male availability on aggression, social structure and reproductive skew in groups of female mice freely interacting and reproducing in semi-natural indoor enclosures. Triplets of either sisters or non-sisters were established in enclosures provided with either one or three littermate males, which were unrelated and unfamiliar to the females. Sisters were more spatially associated and less aggressive than non-sisters, leading to higher incidences of communal breeding and reproduction. This is in agreement with theoretical considerations on kin selection in house mice. Reproductive success was highly skewed in favour of dominant females due to subordinate infertility or complete loss of first litters, which might have been caused by dominant females. In spite of this, subordinates only rarely dispersed from the enclosures, suggesting that perceived dispersal risk generally outweighed relatively reduced reproductive potentials. Aggression levels among females were significantly higher when one male was available, compared to when three males were available. We suggest that this might result from higher female-female competition for mates, due to the risk of missing fertilisation when synchronously oestrous females encounter limited numbers of males in a deme. Our results indicate that, first, communal nursing in house mice might have evolved to ‘make the best out of a bad job' rather than to enhance offspring fitness; and, second, that female-female mate-competition might play an important role in shaping female social structure in this polygynous mamma