\u3ci\u3eZiglar v. Abbasi\u3c/i\u3e and the Demise of Accountability

Part I of this Article discusses Ziglar in light of the Court’s other cases challenging aspects of the executive’s conduct in the struggle against terrorism. Part II compares Ziglar with other case law that suggests that the Ziglar Court’s focus on the potential availability of injunctive relief is not of central importance to its dismissal of the Bivens claims. This Article continues in Part III with a historical discussion of official accountability for unconstitutional conduct during times of national crisis or exigency and early leaders’ views regarding such official accountability, and provides instances where unconstitutional official conduct was met with damages liability. Finally, this Article concludes that Ziglar is at odds with the basic precepts of the framers’ view of the judicial role in addressing official claims of necessity during times of national emergency or serious crisis

Kite-marks, standards and privileged legal structures; artefacts of constraint disciplining structure choices

As different countries and regions continue to develop policy and legal frameworks for social enterprises this paper offers new insights into the dynamics of legal structure choice by social entrepreneurs. The potential nodes of conflict between exogenous prescriptions and social entrepreneur’s own orientation to certain aspects of organization and what social entrepreneurs actually do in the face of such conflict is explicated. Kite-marks, standards and legal structures privileged by powerful actors are cast as political artefacts that serve to discipline the choices of legal structure by social entrepreneurs as they prescribe desirable characteristics, behaviours and structures for social enterprises. This paper argues that social enterprises should not be understood as the homogenous organisational category that is portrayed in government policy documents, kite-marks and privileged legal structures but as organisations facing a proliferation of structural forms which are increasingly rendered a governable domain (Nickel & Eikenberry, 2016; Scott, 1998) through the development of kite marks, funder / investor requirements and government policy initiatives. Further, that these developments act to prioritise and marginalise particular forms of social enterprises as they exert coercive, mimetic and normative pressures (DiMaggio & Powell, 1983) that act to facilitate the categorising of social enterprises in a way that strengthens institutional coherence and serves to drive the structural isomorphism (Boxenbaum & Jonsson, 2017; DiMaggio & Powell, 1983) of social enterprise activity. Whilst the actions of powerful actors work to maintain (Greenwood & Suddaby, 2006) the social enterprise category the embedded agency of social entrepreneurs acts to transform it (Battilana, Leca, & Boxenbaum, 2009). The prevailing Institutional logics (Ocasio, Thornton, & Lounsbury, 2017; Zhao & Lounsbury, 2016) that serve to both marginalise and prioritise those legal structures are used to present argument that the choice of legal structure for a social enterprise is often in conflict with the social entrepreneur's orientation to certain aspects of how they wish to organise. Where the chosen legal structure for a social enterprise is in conflict with the social entrepreneur's own organising principles as to how they wish to organise then this can result in the social entrepreneur decoupling (Battilana, Leca, & Boxenbaum, 2009) their business and/or governance practices from their chosen legal structure in order to resolve the tensions that they experience. Social entrepreneurs also experiencing the same tension enact a different response in that they begin to create and legitimate new legal structures on the margins of the social enterprise category through a process of institutional entrepreneurship (Battilana, Leca, & Boxenbaum, 2009; Hardy & Maguire, 2017)

Unwrapping crocodiles

Preprint of an article by Jules Winterton, Associate Director and Librarian at the Institute of Advanced Legal Studies

Career in law librarianship: in memory of Gillian Sands

A tribute to the late Gillian Sands.Preprint of an article by Jules Winterton, Associate Director and Librarian at the Institute of Advanced Legal Studies

Resurrecting the partially isotropic Haldane-Shastry model

We present a new and simpler expression for the Hamiltonian of the partially isotropic (XXZ-like) version of the Haldane-Shastry model, which was derived by D. Uglov over two decades ago in an apparently little-known preprint. While resembling the pairwise long-range form of the Haldane-Shastry model our formula accounts for the multi-spin interactions obtained by Uglov. Our expression is physically meaningful, makes hermiticity manifest, and is computationally more efficient. We discuss the model's properties, including its limits and (ordinary and quantum-affine) symmetries. In particular we introduce the appropriate notions of translational invariance and momentum. We review the model's exact spectrum found by Uglov for finite spin-chain length, which parallels the isotropic case up to level splitting due to the anisotropy. We also extend the partially isotropic model to higher rank, with $SU(n)$ 'spins', for which the spectrum is determined by $\mathfrak{sl}_n$-motifs.Comment: 5 pages, 1 figure, 1 table; v2: various minor changes and additions; v3: 6 pages, 1 figure, 1 table; added proof of equality of formulae, minor further changes; v4: minor changes; v5: minor chang

Way of ignorance

Preprint of an article by Jules Winterton, Associate Director and Librarian at the Institute of Advanced Legal Studies

Electronic data generation and display system

The Electronic Data Generation and Display System (EDGADS) is a field tested paperless technical manual system. The authoring provides subject matter experts the option of developing procedureware from digital or hardcopy inputs of technical information from text, graphics, pictures, and recorded media (video, audio, etc.). The display system provides multi-window presentations of graphics, pictures, animations, and action sequences with text and audio overlays on high resolution color CRT and monochrome portable displays. The database management system allows direct access via hierarchical menus, keyword name, ID number, voice command or touch of a screen pictoral of the item (ICON). It contains operations and maintenance technical information at three levels of intelligence for a total system