26,110 research outputs found

    Triadic to Trinitarian: Kevin J. Vanhoozer’s Application of J.L. Austin’s Speech Act Theory

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    The basis for Christian theology, the Bible, has come under considerable attack by decontructionalists in their attempt to disregard authorial intent and to prove that understanding the meaning of an author\u27s words is an impossible task. Kevin J. Vanhoozer is an evangelical scholar who has done much in defense of authorial intent and has found fertile philosophical ground in Speech Act theory. This essay looks at Vanhoozer’s use of J.L. Austin’s variety of Speech Act theory to determine if Vanhoozer uses Austin correctly, then turns to Vanhoozer’s bibliological use of Austin whereby he analogically applies Austin’s Triadic formula of a speech act to the Trinitarian formula of the inspiration and interpretation of Scripture

    Allocation Rules and the Stability of Mass Tort Class Actions

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    This paper studies the effects of allocation rules on the stability of mass tort class actions. I analyze a two-stage model in which a defendant faces multiple plaintiffs with heterogeneous damage claims. In stage 1, the plaintiffs play a noncooperative coalition formation game. In stage 2, the class action and any individual actions by opt-out plaintiffs are litigated or settled. I examine how the method for allocating the class recovery interacts with other factors---the shape of the damage claims distribution, the scale benefits of the class action, and the plaintiffs\u27 probability of prevailing at trial and bargaining power in settlement negotiations---to determine the asymptotic stability of the global class. My results suggest criteria to attorneys and courts for structuring and approving efficient allocations plans in mass tort class actions and for evaluating the requirements for class certification in mass tort cases

    Asymmetric Empirical Similarity

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    The paper offers a formal model of analogical legal reasoning and takes the model to data. Under the model, the outcome of a new case is a weighted average of the outcomes of prior cases. The weights capture precedential influence and depend on fact similarity (distance in fact space) and precedential authority (position in the judicial hierarchy). The empirical analysis suggests that the model is a plausible model for the time series of U.S. maritime salvage cases. Moreover, the results evince that prior cases decided by inferior courts have less influence than prior cases decided by superior courts

    Difficulties in Complex Multiplication and Exponentiation

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    During my study of the iteration of functions of the form f(z)=zα+cf(z)=z^{\alpha}+c, where z,c \in \mathbbC, and α\alpha is a rational non-integer larger than 2 (\cite{s1}), I encountered a fundamental difficulty in the exponentiation of a complex number. This paper will explore this difficulty and the problems encountered in trying to resolve it using a Riemann surface which is the direct generalization of the polar form of the complex plane. This paper will also answer two questions raised by Robert Corless in his \emph{E.C.C.A.D.} presentation \cite{co}: "Can a Riemann surface variable be coded? What will the operations be on it?" Unfortunately, the addition operation will be incompatible with the Riemann surface structure.Comment: 17 pages, 9 figures (.ps format

    A Recent Patent Class on the Scope of IPR Estoppel at the PTAB

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