7,823 research outputs found

    Asset Forfeiture and Attorneys’ Fees: The Zero-Sum Game

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    The history of asset forfeiture law spans almost as long as the history of the United States. However, in the last thirty years, the number of crimes for which asset forfeiture can be levied has grown exponentially both on the federal and state levels. As a result, a growing number of defendants face asset forfeiture. When these criminal defendants seek legal representation, they place their attorneys in a difficult legal and ethical position. Asset forfeiture has developed in such a way that the criminal defense attorney cannot provide her client with zealous advocacy if the attorney seeks to retain her fees. Additionally, the law is designed to prevent these attorneys from withdrawing their representation once they learn that the funds being used to pay their fees are tainted. This Note examines these, and other, ethical dilemmas that arise for criminal defense attorneys whose clients may be subject to asset forfeiture. Ultimately, this Note proposes a statutory fix to resolve these ethical issues to ensure that lawyers retain their hard-earned fees and clients receive zealous advocates

    Decision theory for agents with incomplete preferences

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    Orthodox decision theory gives no advice to agents who hold two goods to be incommensurate in value because such agents will have incomplete preferences. According to standard treatments, rationality requires complete preferences, so such agents are irrational. Experience shows, however, that incomplete preferences are ubiquitous in ordinary life. In this paper, we aim to do two things: (1) show that there is a good case for revising decision theory so as to allow it to apply non-vacuously to agents with incomplete preferences, and (2) to identify one substantive criterion that any such non-standard decision theory must obey. Our criterion, Competitiveness, is a weaker version of a dominance principle. Despite its modesty, Competitiveness is incompatible with prospectism, a recently developed decision theory for agents with incomplete preferences. We spend the final part of the paper showing why Competitiveness should be retained, and prospectism rejected

    Partition theory: A very simple illustration

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    We illustrate the main features of a recently proposed method based on ensemble density functional theory to divide rigorously a complex molecular system into its parts [M.H. Cohen and A. Wasserman, J. Phys. Chem. A 111, 2229 (2007)]. The illustrative system is an analog of the hydrogen molecule for which analytic expressions for the densities of the parts (hydrogen "atoms") are found along with the "reactivity potential" that enters the theory. While previous formulations of Chemical Reactivity Theory lead to zero, or undefined, values for the chemical hardness of the isolated parts, we demonstrate they can acquire a finite and positive hardness within the present formulation.Comment: 8 pages, 8 figure

    Social Media and eDiscovery: Emerging Issues

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    Courts, as well as private sector and government policymakers, have only just begun to address the practical litigation issues raised by the proliferation of social media channels and content. This Article comments on some of those issues as they relate to electronic discovery (“eDiscovery”) and examines how they have been approached in emerging case law. It does not address proposed legislation on a domestic and international level that may impact social media’s use in litigation, nor does it purport to be in any way comprehensive in its coverage of developments and potential developments in the legal implications of social media

    From the Temple to the Synagogue: Exploring Changes in Judaism After the Fall of the Second Temple

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    From the Temple to the Synagogue is an analysis on the influence of external cultures, predominantly the Persian religion of Zoroastrianism on the early rabbis following their failed revolt against Rome and the destruction of the Second Temple in the first century CE. How did the Jewish people react to the upheaval of their center of worship? What can we attribute to the major changes in their religious literature and centers of worship following the demise of their rebellion? Is it possible that what has traditionally been seen as an isolated and uniform group of people did in fact borrow major theological ideas from neighboring religions? This analysis demonstrates the transmission of ideas into this new center of power in the Jewish community, that of the rabbis, through their changed notions of the afterlife, the incorporation of artistic design within the synagogue, and the apocalyptic literature of the Dead Sea Scrolls community of Qumran. While the conversation has become more open in recent years to the idea that Judaism did not simply grow in a bubble, the extent to which Persian ideas made their way into Jewish theology has been largely ignored. This work seeks to demonstrate how open early rabbinic Judaism was to the exchange of ideas and how much of their ideas can be attributed to their non-Jewish neighbors
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