Posner on Literature

Judge Richard A. Posner has expanded the scope of his writing. We have previously known him as one of the leaders in law and economics. He is now moving into the field of law and literature. His offering is an article, Law and Literature: A Relation Reargued, which has been published in the Virginia Law Review. As one might expect, he performs intelligently. Posner is well read in literature; he displays a genuine love for that which he has read; and he writes with wit and grace. In short, in law and literature, as in law and economics, Posner is a force to be reckoned with. The evidence for these assertions can be found in the article: his comments on W.B. Yeats\u27 poems Easter 1916 (pp. 1363-64, 1366) and The Second Coming (pp. 1378-79) demonstrate his skill as a reader of poetry; his literary analysis of Justice Holmes\u27 dissent in the Lochner case (pp. 1379-85, 1389-90) shows that he can apply these literary skills to a reading of judicial opinions. However, I must utter a however. As I read Posner (and I would recommend others read him) he builds his analysis on the base of several dichotomies that seem to be drawn from ordinary common sense. One of the dichotomies is the distinction of pleasure versus instruction. Another is form (or style) versus content. Yet another is science versus rhetoric. These several dichotomies are linked into a logic that provides the structural underpinning for Posner\u27s analysis; my caveat is that the logic of these dichotomies limits rather than strengthens his analysis. This is my conclusion, so let me now start at the beginning

Discovering a Judicial Story

We all know that stories create culture and that law creates culture; it may well follow (this is only a probabilistic judgment) that the stories that one finds in judicial opinions might be especially powerful in creating culture. There are two problems with the thesis that judicial storytelling can be powerful. The first problem is that ordinary citizens do not read these stories and could only hear about them through the mediation of television and the newspapers. This objection is factually correct; judicial opinions do not speak directly to the average citizen. However, the objection errs in supposing that the indirect is less powerful than the direct. In family life, the indirect influence of parental example is more important than the direct influence of parental instruction. So also in school, the direct instruction about proper conduct is far less important than the indirect absorption of the unspoken mores. Why could not the same be true for judicial opinions

West on Story and Theory

A Review of Narrative, Authority, and Law by Robin Wes

Identifying Advantages and Disadvantages of Variable Rate Irrigation – An Updated Review

Variable rate irrigation (VRI) sprinklers on mechanical move irrigation systems (center pivot or lateral move) have been commercially available since 2004. Although the number of VRI, zone or individual sprinkler, systems adopted to date is lower than expected there is a continued interest to harness this technology, especially when climate variability, regulatory nutrient management, water conservation policies, and declining water for agriculture compound the challenges involved for irrigated crop production. This article reviews the potential advantages and potential disadvantages of VRI technology for moving sprinklers, provides updated examples on such aspects, suggests a protocol for designing and implementing VRI technology and reports on the recent advancements. The advantages of VRI technology are demonstrated in the areas of agronomic improvement, greater economic returns, environmental protection and risk management, while the main drawbacks to VRI technology include the complexity to successfully implement the technology and the lack of evidence that it assures better performance in net profit or water savings. Although advances have been made in VRI technologies, its penetration into the market will continue to depend on tangible and perceived benefits by producers

Actions of the braid group, and new algebraic proofs of results of Dehornoy and Larue

This article surveys many standard results about the braid group with emphasis on simplifying the usual algebraic proofs. We use van der Waerden's trick to illuminate the Artin-Magnus proof of the classic presentation of the algebraic mapping-class group of a punctured disc. We give a simple, new proof of the Dehornoy-Larue braid-group trichotomy, and, hence, recover the Dehornoy right-ordering of the braid group. We then turn to the Birman-Hilden theorem concerning braid-group actions on free products of cyclic groups, and the consequences derived by Perron-Vannier, and the connections with the Wada representations. We recall the very simple Crisp-Paris proof of the Birman-Hilden theorem that uses the Larue-Shpilrain technique. Studying ends of free groups permits a deeper understanding of the braid group; this gives us a generalization of the Birman-Hilden theorem. Studying Jordan curves in the punctured disc permits a still deeper understanding of the braid group; this gave Larue, in his PhD thesis, correspondingly deeper results, and, in an appendix, we recall the essence of Larue's thesis, giving simpler combinatorial proofs.Comment: 51`pages, 13 figure

Catalysis in Real Time Using X-Ray Lasers

We describe how the unique temporal and spectral characteristics of X-ray free-electron lasers (XFEL) can be utilized to follow chemical transformations in heterogeneous catalysis in real time. We highlight the systematic study of CO oxidation on Ru(0001), which we initiate either using a femtosecond pulse from an optical laser or by activating only the oxygen atoms using a THz pulse. We find that CO is promoted into an entropy-controlled precursor state prior to desorbing when the surface is heated in the absence of oxygen, whereas in the presence of oxygen, CO desorbs directly into the gas phase. We monitor the activation of atomic oxygen explicitly by the reduced split between bonding and antibonding orbitals as the oxygen comes out of the strongly bound hollow position. Applying these novel XFEL techniques to the full oxidation reaction resulted in the surprising observation of a significant fraction of the reactants at the transition state through the electronic signature of the new bond formation

Evidence for sinistral strike-slip deformation in the Solomon Island arc

6 pages, 4 figuresDuring the SOPACMAPS 2 crusie carried out by IFREMER (Institut Français de Recherche pour l'Exploitation de la Mer) and ORSTOM (Institut Français de Recherche Scientifique pour le dévelopement en Coopération) on theR/V L'Atalante, in the Central Solomon Arc area, multibeam bathymetric and imagery data and single-channel seismic reflection profiles were collected from an area of about 3500 km2, to evaluate regional tectonics. Structural data geophysical profiles interpretation provide evidence for left-lateral transtensional tectonics on the southern edge of the Central Solomon Trough. This transtensional deformation is represented by faulting, block tilting, and rhombohedral deformation. The regional geology and the analysis of the sedimentary cover allow us to demonstrate that this tectonic occurred in two different phases during Oligocene to Miocene and Pliocene to Pleistocene timesPeer reviewe