Robinson Everett: The Citizen Lawyer Ideal Lives On

In this tribute to Professor Robinson O. Everett, Dean David Levi questions the view that the citizen-lawyer or lawyer-statesmen models are in decline. Tracing Professor Everett’s varied career, accomplishments, and commitments to individuals and institutions; Levi contends that Everett combined the lawyer\u27s traditional focus on the individual with an overall dedication to the larger community. Everett was not just a model citizen; he was a lawyer-citizen. Levi contends that the survival of the lawyer-citizen and lawyer-statesmen models is a matter of choice and character. Nothing in the current structure of the legal economy places these models out of reach for those who would follow in Robinson Everett\u27s footsteps

Judging Measures

The question of how to optimally design judicial institutions is one of central importance to the scholarship focused on courts. Basic questions such as whether there should be mandatory retirement for judges, whether judges should be expected to write their own opinions and whether greater racial or gender diversity on the courts improves decision making are optimal design questions. Given the vast variation in the types of judicial system designs used around the world (and even within the United States), it should be possible to conduct a comparative analysis of the relative efficacy of the different designs. These comparisons cannot be evaluated, however, without first tackling the matter of how to measure justice or judicial performance. Although within the legal academy and the judiciary there is considerable skepticism and hostility to the measurement project, we argue that the project is worth attempting for both judges and academics. That said, the simple measures often used today, while necessary, cannot be relied on exclusively. To achieve a more reliable and useful measurement, judges must be involved in the process of arriving at the right characteristics to measure and the right ways to measure them. If judges get involved in improving the quality of data collection and measurement, the inherent dangers in empirical analysis of the judiciary will both be recognized and more effectively navigated. At the same time, empirical analysis with judicial participation is more likely to assist judges and judicial policymakers

14.6-GHz LiNbO/sub 3/ microdisk photonic self-homodyne RF receiver

Nonlinear optical modulation combined with simultaneous photonic and RF resonance in an LiNbO/sub 3/ microdisk modulator is used to create a self-homodyne photonic RF receiver. Carrier and sidebands are mixed in the optical domain, and the modulated optical signal is detected using a photodetector. The photodetector has a bandwidth matched to the baseband signal. It filters out the high-frequency components and generates the baseband photocurrent. Receiver operation is demonstrated by demodulating up to 100-Mb/s digital data from a 14.6-GHz carrier frequency without any high-speed electronic components. A bit error rate of 10/sup -9/ is measured for 10-Mb/s downconverted digital data at -15-dBm received RF power. Preliminary results of employing this photonic RF receiver in a short-distance Ku-band wireless link demonstrate the potential of using high-quality optical microresonators in RF receiver applications

In the Absence of Scrutiny: Narratives of Probable Cause

This Article reports on a set of roughly thirty interviews with federal magistrate judges. The focus of the interviews was the impact of the Supreme Court case, United States v. Leon, on the behavior of magistrate judges. Leon, famously, put in place the good faith exception for faulty warrants that were obtained by the officers in good faith. The insertion of this exception diminished significantly the incentive for defendants to challenge problematic warrant grants. That effect, in turn, could have diminished the incentive for magistrate judge scrutiny of the warrants at the front end of the process. We do not find any indication of diminished scrutiny. What we do find, however, is a highly ritualized and formalistic process for the evaluation of warrants where calculations of probabilities are viewed through a legalistic rather than a pragmatic lens

Can Horndeski Theory be recast using Teleparallel Gravity?

Horndeski gravity is the most general scalar tensor theory, with a single scalar field, leading to second order field equations and after the GW170817 it has been severely constrained. In this paper, we study the analogue of Horndeski's theory in the teleparallel gravity framework were gravity is mediated through torsion instead of curvature. We show that, even though, many terms are the same as in the curvature case, we have much richer phenomenology in the teleparallel setting because of the nature of the torsion tensor. Moreover, Teleparallel Horndenski contains the standard Horndenski gravity as a subcase and also contains many modified Teleparallel theories considered in the past, such as $f(T)$ gravity or Teleparallel Dark energy. Thus, due to the appearing of a new term in the Lagrangian, this theory can explain dark energy without a cosmological constant, may describe a crossing of the phantom barrier, explain inflation and also solve the tension for $H_0$, making it a good candidate for a correct modified theory of gravity.Comment: 18 pages, 1 figur

Evaluating Judges and Judicial Institutions: Reorienting the Perspective

Empirical scholarship on judges, judging, and judicial institutions, a staple in political science, is becoming increasingly popular in law schools. We propose that this scholarship can be improved and enhanced by greater collaboration between empirical scholars, legal theorists, and the primary subjects of the research, the judges. We recently hosted a workshop that attempted to move away from the conventional mode of involving judges and theorists in empirical research, where they serve as commentators on empirical studies that they often see as reductionist and mis-focused. Instead, we had the judges and theorists set the discussion agenda for the empiricists by describing topics that they thought were worthy of inquiry. In this essay, we explain why we think collaboration of this sort should be encouraged and draw on the workshop experience to offer suggestions for improving the quality and utility of empirical research in this area