Civil Procedure as a Critical Discussion

This Article develops a model for analyzing legal dispute resolution systems as systems for argumentation. Our model meshes two theories of argument conceived centuries apart: contemporary argumentation theory and classical stasis theory. In this Article, we apply the model to the Federal Rules of Civil Procedure as a proof of concept. Specifically, the model analyzes how the Federal Rules of Civil Procedure function as a staged argumentative critical discussion designed to permit judge and jury to rationally resolve litigants’ differences in a reasonable manner. At a high level, this critical discussion has three phases: a confrontation, an (extended) opening, and a concluding phase. Those phases are the umbrella under which discrete argumentation phases occur at points we call stases. Whenever litigants seek a ruling or judgment, they reach a stasis—a stopping or standing point for arguing procedural points of disagreement. During these stases, the parties make arguments that fall into predictable “commonplace” argument types. Taken together, these stock argument types form a taxonomy of arguments for all civil cases. Our claim that the Federal Rules of Civil Procedure function as a system for argumentation is novel, as is our claim that civil cases breed a taxonomy of argument types. These claims also mark the beginning of a broader project. Starting here with the Federal Rules of Civil Procedure, we embark on a journey that we expect to follow for several years (and which we hope other scholars will join), exploring our model’s application across dispute resolution systems and using it to make normative claims about those systems. From a birds-eye view, this Article also represents a short modern trek in a much longer journey begun by advocates in city states in and near Greece nearly 2500 years ago

Thermomagnetic analysis of meteorites. 3: C3 and C4 chondrites

Thermomagnetic analysis on all of the C3 and C4 chondrites, conducted under conditions of controlled oxygen fugacity, indicates the presence of a thermally unstable component in at least 5 of the C3 chondrites which upon heating results in magnetite production. This unstable component is most likely troilite (FeS). The presence of the unstable substance may affect the estimation of paleointensities in meteorites which contain it. Our results indicate that Grosnaja, Ornans, Kainsaz, Felix, and Warrenton are likely to be less complicated for paleointensity determinations than the other C3 chondrites. Both C4 chondrites should lead to reliable results

Thermomagnetic analysis of meteorites, 2: C2 chondrites

Samples of all eighteen of the known C2 chondrites were analyzed thermomagnetically. For eleven of these, initial Fe3O4 content is low(generally 1%) and the J sub s-T curves are irreversible. The heating curves show variable and erratic behavior, whereas the cooling curves appear to be that of Fe3O4. The saturation moment after cooling is greater (up to 10 times larger) than it is initially. This behavior is interpreted to be the result of the production of magnetite from a thermally unstable phase--apparently FeS. Four of the remaining 7 C2 chondrites contain Fe3O4 as the only significant magnetic phase: initial magnetite contents range from 4 to 13 percent. The remaining three C2 chondrites contain iron or nickel-iron in addition to Fe3O4. These seven C2 chondrites show little evidence of the breakdown of a thermally unstable phase

The Restructuring of the Saskatchewan Wheat Pool: Overconfidence and Agency

This paper examines how agency problems combined with overconfidence and hubris by coop management lead to financial failure in the Saskatchewan Wheat Pool. As a consequence of both of these problems, the Pool made poor investment decisions and ended up in severe financial difficulties. These problems were exacerbated by three additional factors: (1) ownership and control were separated via an A-B share structure, leading to a situation where neither farmer members nor investors had an incentive to monitor management activities; (2) the sheer volume of investment activity undertaken made it virtually impossible for the board to stay on top of what was happening; and (3) as a result of the change financial structure, senior management had available a large amount of debt capital that it could spend.Agribusiness, Crop Production/Industries,

MARGINAL AGRICULTURAL LAND CLASSIFICATION: A NEW APPROACH

Land Economics/Use,

Hygiene of the skin: when is clean too clean?

Skin hygiene, particularly of the hands, is a primary mechanism for reducing contact and fecal-oral transmission of infectious agents. Widespread use of antimicrobial products has prompted concern about emergence of resistance to antiseptics and damage to the skin barrier associated with frequent washing. This article reviews evidence for the relationship between skin hygiene and infection, the effects of washing on skin integrity, and recommendations for skin care practices

Scaling relations of supersonic turbulence in star-forming molecular clouds

We present a direct numerical and analytical study of driven supersonic MHD turbulence that is believed to govern the dynamics of star-forming molecular clouds. We describe statistical properties of the turbulence by measuring the velocity difference structure functions up to the fifth order. In particular, the velocity power spectrum in the inertial range is found to be close to E(k) \~ k^{-1.74}, and the velocity difference scales as ~ L^{0.42}. The results agree well with the Kolmogorov--Burgers analytical model suggested for supersonic turbulence in [astro-ph/0108300]. We then generalize the model to more realistic, fractal structure of molecular clouds, and show that depending on the fractal dimension of a given molecular cloud, the theoretical value for the velocity spectrum spans the interval [-1.74 ... -1.89], while the corresponding window for the velocity difference scaling exponent is [0.42 ... 0.78].Comment: 17 pages, 6 figures include