Fiduciary Principles and the Jury

This Essay argues that because jurors exercise state power with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties – those of loyalty and care – therefore provide useful benchmarks for evaluating and guiding jurors in their decision-making role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of what we know about the jury’s form of political representation and also recommends some practical directions for jury reform

Fiduciary Principles and the Jury

This Essay argues that because jurors exercise state power with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties – those of loyalty and care – therefore provide useful benchmarks for evaluating and guiding jurors in their decision-making role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of what we know about the jury’s form of political representation and also recommends some practical directions for jury reform

Level correlations in integrable systems

We derive a simple analytical expression for the level correlation function of an integrable system. It accounts for both the lack of correlations at smaller energy scales and for global rigidity (level number conservation) at larger scales. We apply our results to a rectangle with incommensurate sides and show that they are in excellent agreement with the limiting cases established in the semiclassical theory of level rigidity.Comment: 5 page

A Fiduciary Theory of Judging

For centuries, legal theorists and political philosophers have unsuccessfully sought a unified theory of judging able to account for the diverse, and oftentimes conflicting, responsibilities judges possess. This paper reveals how the law governing fiduciary relationships sheds new light on this age-old pursuit, and therefore, on the very nature of the judicial office itself. The paper first explores the routinely overlooked, yet deeply embedded historical provenance of our judges-as-fiduciaries framework in American political thought and in the framing of the U.S. Constitution. It then explains why a fiduciary theory of judging offers important insights into what it means to be a judge in a democracy, while providing practical guidance in resolving a range of controversial legal issues surrounding judicial performance, such as judicial ethics at the Supreme Court, campaign contributions in state judicial elections, and the role of public opinion in constitutional interpretation

Orbital Magnetism of 2D Chaotic Lattices

We study the orbital magnetism of 2D lattices with chaotic motion of electrons withing a primitive cell. Using the temperature diagrammatic technique we evaluate the averaged value and rms fluctuation of magnetic response in the diffusive regime withing the model of non-interacting electrons. The fluctuations of magnetic susceptibility turn out to be large and at low temperature can be of the order of $\chi_{L} (k_{F}l)^{3/2}$, where $k_{F}$ is the Fermi wavevector, $l$ is the mean free path, and $\chi_{L}$ is the Landau susceptibility. In the certain region of magnetic fields the paramagnetic contribution to the averaged response is field independent and larger than the absolute value of Landau response.Comment: 6 pages, Latex file, figures available upon reques

Orbital Magnetism and Current Distribution of Two-Dimensional Electrons under Confining Potential

The spatial distribution of electric current under magnetic field and the resultant orbital magnetism have been studied for two-dimensional electrons under a harmonic confining potential V(\vecvar{r})=m \omega_0^2 r^2/2 in various regimes of temperature and magnetic field, and the microscopic conditions for the validity of Landau diamagnetism are clarified. Under a weak magnetic field (\omega_c\lsim\omega_0, \omega_c being a cyclotron frequency) and at low temperature (T\lsim\hbar\omega_0), where the orbital magnetic moment fluctuates as a function of the field, the currents are irregularly distributed paramagnetically or diamagnetically inside the bulk region. As the temperature is raised under such a weak field, however, the currents in the bulk region are immediately reduced and finally there only remains the diamagnetic current flowing along the edge. At the same time, the usual Landau diamagnetism results for the total magnetic moment. The origin of this dramatic temperature dependence is seen to be in the multiple reflection of electron waves by the boundary confining potential, which becomes important once the coherence length of electrons gets longer than the system length. Under a stronger field (\omega_c\gsim\omega_0), on the other hand, the currents in the bulk region cause de Haas-van Alphen effect at low temperature as T\lsim\hbar\omega_c. As the temperature gets higher (T\gsim\hbar\omega_c) under such a strong field, the bulk currents are reduced and the Landau diamagnetism by the edge current is recovered.Comment: 15 pages, 11 figure