The Role of Purpose in Legal Reasoning

I argue the concept of purpose or function plays a central role in understanding the nature of legal reasoning. Other views have emphasized other concepts in legal reasoning, like the concepts of language and morality. Theories that emphasize the role of language in legal reasoning argue that legal reasoning primarily involves the ascertainment of the linguistic content of legal norms; I call these “law as language” views. Theories that emphasize the role of morality in legal reasoning I call “natural law theory.” Both of these theories have their own problems. The law as language view fails to account for reasoning involving unwritten law. Natural law theory does better at explaining reasoning involving unwritten law, but fails to properly explain the nature of reasoning about written law. Oftentimes, judges say that they are applying a law they deem to be unjust. For example, a judge might be putting into action a legislative intent that they do not think represents the best moral justification of the legal system in question, but that nonetheless represents the legally correct result of the case at hand. I recast both the law as language view and natural law theory as offering different ways of ascertaining the purpose of the law in different domains. The role played by purpose is thus more systematic in legal reasoning than the roles played by language and morality. Appeal to purpose plays an important role in both written and unwritten law, and can proceed in a moralized or non- moralized manner.Doctor of Philosoph

Monetary benefits of preventing childhood lead poisoning with lead-safe window replacement

Previous estimates of childhood lead poisoning prevention benefits have quantified the present value of some health benefits, but not the costs of lead paint hazard control or the benefits associated with housing and energy markets. Because older housing with lead paint constitutes the main exposure source today in the U.S., we quantify health benefits, costs, market value benefits, energy savings, and net economic benefits of lead-safe window replacement (which includes paint stabilization and other measures). The benefit per resident child from improved lifetime earnings alone is $21,195 in pre-1940 housing and$8,685 in 1940-59 housing (in 2005 dollars). Annual energy savings are $130 to$486 per housing unit, with or without young resident children, with an associated increase in housing market value of $5,900 to$14,300 per housing unit, depending on home size and number of windows replaced. Net benefits are $4,490 to$5,629 for each housing unit built before 1940, and $491 to$1,629 for each unit built from 1940-1959, depending on home size and number of windows replaced. Lead-safe window replacement in all pre-1960 U.S. housing would yield net benefits of at least $67 billion, which does not include many other benefits. These other benefits, which are shown in this paper, include avoided Attention Deficit Hyperactivity Disorder, other medical costs of childhood lead exposure, avoided special education, and reduced crime and juvenile delinquency in later life. In addition, such a window replacement effort would reduce peak demand for electricity, carbon emissions from power plants, and associated long-term costs of climate change

Gender Differences of Shoppers in the Marketing and Management of Retail Agglomerations

This paper aims to: 1) identify gender differences in perception and evaluation of retail agglomerations and 2) discuss the implications of these differences for marketing and management. Based on a conceptual model we surveyed 2,151 agglomeration shoppers using interviewer-administered questionnaires. Structural equation modelling revealed that: accessibility, parking and infrastructure are perceived differently between gender groups. The attractiveness in terms of satisfaction, retention proneness and patronage intention were also evaluated distinctively. Nevertheless, when examining the impact of the perceived attributes on the agglomeration attractiveness there was no difference. In both settings the retail tenant mix and the atmosphere are the main antecedents of attractiveness. Finally, an importance performance analysis offers managers a method for prioritising their marketing efforts considering gender differences

Anode Biofilm Transcriptomics Reveals Outer Surface Components Essential for High Density Current Production in Geobacter sulfurreducens Fuel Cells

The mechanisms by which Geobacter sulfurreducens transfers electrons through relatively thick (>50 µm) biofilms to electrodes acting as a sole electron acceptor were investigated. Biofilms of Geobacter sulfurreducens were grown either in flow-through systems with graphite anodes as the electron acceptor or on the same graphite surface, but with fumarate as the sole electron acceptor. Fumarate-grown biofilms were not immediately capable of significant current production, suggesting substantial physiological differences from current-producing biofilms. Microarray analysis revealed 13 genes in current-harvesting biofilms that had significantly higher transcript levels. The greatest increases were for pilA, the gene immediately downstream of pilA, and the genes for two outer c-type membrane cytochromes, OmcB and OmcZ. Down-regulated genes included the genes for the outer-membrane c-type cytochromes, OmcS and OmcT. Results of quantitative RT-PCR of gene transcript levels during biofilm growth were consistent with microarray results. OmcZ and the outer-surface c-type cytochrome, OmcE, were more abundant and OmcS was less abundant in current-harvesting cells. Strains in which pilA, the gene immediately downstream from pilA, omcB, omcS, omcE, or omcZ was deleted demonstrated that only deletion of pilA or omcZ severely inhibited current production and biofilm formation in current-harvesting mode. In contrast, these gene deletions had no impact on biofilm formation on graphite surfaces when fumarate served as the electron acceptor. These results suggest that biofilms grown harvesting current are specifically poised for electron transfer to electrodes and that, in addition to pili, OmcZ is a key component in electron transfer through differentiated G. sulfurreducens biofilms to electrodes

Microbial technology with major potentials for the urgent environmental needs of the next decades

Several needs in the context of the water-energy-food nexus will become more prominent in the next decades. It is crucial to delineate these challenges and to find opportunities for innovative microbial technologies in the framework of sustainability and climate change. Here, we focus on four key issues, that is the imbalance in the nitrogen cycle, the diffuse emission of methane, the necessity for carbon capture and the deterioration of freshwater reserves. We suggest a set of microbial technologies to deal with each of these issues, such as (i) the production of microbial protein as food and feed, (ii) the control of methanogenic archaea and better use of methanotrophic consortia, (iii) the avoidance of nitrification and (iv) the upgrading of CO2 to microbial bioproducts. The central message is that instead of using crude methods to exploit microorganisms for degradations, the potentials of the microbiomes should be used to create processes and products that fit the demands of the cyclic market economy

Spatially resolved star formation and inside-out quenching in the TNG50 simulation and 3D-HST observations

We compare the star-forming main sequence (SFMS) of galaxies – both integrated and resolved on 1 kpc scales – between the high-resolution TNG50 simulation of IllustrisTNG and observations from the 3D-HST slitless spectroscopic survey at z ∼ 1. Contrasting integrated star formation rates (SFRs), we find that the slope and normalization of the star-forming main sequence in TNG50 are quantitatively consistent with values derived by fitting observations from 3D-HST with the Prospector Bayesian inference framework. The previous offsets of 0.2–1 dex between observed and simulated main-sequence normalizations are resolved when using the updated masses and SFRs from Prospector. The scatter is generically smaller in TNG50 than in 3D-HST for more massive galaxies with M*> 1010 M⊙, by ∼10–40 per cent, after accounting for observational uncertainties. When comparing resolved star formation, we also find good agreement between TNG50 and 3D-HST: average specific star formation rate (sSFR) radial profiles of galaxies at all masses and radii below, on, and above the SFMS are similar in both normalization and shape. Most noteworthy, massive galaxies with M*> 1010.5 M⊙, which have fallen below the SFMS due to ongoing quenching, exhibit a clear central SFR suppression, in both TNG50 and 3D-HST. In contrast, the original Illustris simulation and a variant TNG run without black hole kinetic wind feedback, do not reproduce the central SFR profile suppression seen in data. In TNG, inside-out quenching is due to the supermassive black hole (SMBH) feedback model operating at low accretion rates

Selective disruption of the DNA polymerase III α–β complex by the umuD gene products

DNA polymerase III (DNA pol III) efficiently replicates the Escherichia coli genome, but it cannot bypass DNA damage. Instead, translesion synthesis (TLS) DNA polymerases are employed to replicate past damaged DNA; however, the exchange of replicative for TLS polymerases is not understood. The umuD gene products, which are up-regulated during the SOS response, were previously shown to bind to the α, β and ε subunits of DNA pol III. Full-length UmuD inhibits DNA replication and prevents mutagenic TLS, while the cleaved form UmuD′ facilitates mutagenesis. We show that α possesses two UmuD binding sites: at the N-terminus (residues 1–280) and the C-terminus (residues 956–975). The C-terminal site favors UmuD over UmuD′. We also find that UmuD, but not UmuD′, disrupts the α–β complex. We propose that the interaction between α and UmuD contributes to the transition between replicative and TLS polymerases by removing α from the β clamp