A Theory of Legal Strategy

By the conventional view, case outcomes are largely the product of courts\u27 application of law to facts. Even when courts do not generate outcomes in this manner, prevailing legal theory casts them as the arbiters of those outcomes. In a competing strategic view, lawyers and parties construct legal outcomes in what amounts to a contest of skill. Though the latter view better explains the process, no theory has yet been propounded as to how lawyers can replace judges as arbiters. This article propounds such a theory. It classifies legal strategies into three types: those that require willing acceptance by judges, those that constrain the actions of judges, and those that entirely deprive judges of control. Strategies that depend upon the persuasion of judges are explained through a conception of law in which cases and statutes are almost wholly indeterminate and strategists infuse meaning into these empty rules in the process of argumentation. Such meaning derives from social norms, patterns of outcomes, local practices and understandings, informal rules of factual inference, systems imperatives, community expectations, and so-called public policies. Constraint strategies operate through case selection, record-making, legal planning, or media pressure. Strategists deprive judges of control by forum shopping, by preventing cases from reaching decision, or by causing them to be decided on issues other than the merits. The theory presented explains how superior lawyering can determine outcomes, why local legal cultures exist, how resources confer advantages in litigation, and one of the means by which law evolves

Providing Access to a Data Library: SQL and Full-Text IR Methods of Automatically Generating Web Structure

Social Science research in universities has traditionally been supported by a central data archive, holding both the raw data (e.g. the U.S. census) and the wide variety of support materials necessary to identify, understand and manipulate the raw data. Columbia University's Electronic Data Service (EDS) has built an online system using World-Wide-Web technology to offer these support materials, and ultimately the raw data itself, to our research community. We describe our historical motivations, our data format difficulties, our filing systems and our scalable technology solution. Our emphasis is on a new set of software, inter-connected by Web protocols, which is easy to use and is self-maintaining

NEW INSIGHTS INTO NON-RADIATIVE HEATING IN LATE-A STAR CHROMOSPHERES

Using new and archival spectra from the Goddard High Resolution Spectrograph, we have searched for evidence of chromospheric and transition region emission in six stars of mid- to late-A spectral type. Two of the stars, alpha Aql (A7 IV-V) and alpha Cep (A7 IV-V), show emission in the C~II 1335 A doublet, confirming the presence of hot plasma with temperatures comparable to that of the solar transition region. Using radiative equilibrium photospheric models, we estimate the net surface fluxes in the C II emission line to be 9.4 X 10^4 erg/cm/cm/s for alpha Aql and 6.5 X 10^4 erg/cm/cm/s for alpha Cep. These are comparable to fluxes observed in early to mid-F-type dwarfs, indicating that significant upper atmospheric heating is present in at least some stars as hot as ~8000 K (B-V=0.22). We find no evidence for the blue-shifted emission reported by Simon et al (1994). We estimate the basal flux level to be about 30% of that seen in early~F stars, and that the bulk of the emission is not basal in origin. We conclude that the basal flux level drops rapidly for B-V < 0.3, but that magnetic activity may persist to B-V as small as 0.22.Comment: uuencoded, compressed, tarred postscript. 8 figures included. Latex file astars.tex (AAS/WGAS macros version 3.0) or postscript file (astars.ps) and individual postscript figures (astars_fig_*.ps) are available by at ftp://sbast3.ess.sunysb.edu/pub/fred/ . Astrophysical Journal, in press (1 July 1995)

Impact of Carbonate Precipitation on Riverine Inorganic Carbon Mass Transport from a Mid-continent, Forested Watershed

Physiochemical controls on the carbonate geochemistry of large river systems are important regulators of carbon exchange between terrestrial and marine reservoirs on human time scales. Although many studies have focused on large-scale river carbon fluxes, there are few investigations of mechanistic aspects of carbonate mass balance and transport at the catchment scale. We determined elemental and carbonate geochemistry and mass balances for net carbonate dissolution fluxes from the forested, mid-latitude Huron River watershed, established on carbonate-rich unconfined glacial drift aquifers. Shallow groundwaters are near equilibrium with respect to calcite at p CO 2 values up to 25 times atmospheric values. Surface waters are largely groundwater fed and exhibit chemical evolution due to CO 2 degassing, carbonate precipitation in lakes and wetlands, and anthropogenic introduction of road salts (NaCl and CaCl 2 ). Because the source groundwater Mg 2+ /HCO 3 − ratio is fairly constant, this parameter permits mass balances to be made between carbonate dissolution and back precipitation after groundwater discharge. Typically, precipitation does not occur until IAP/K calcite values exceed 10 times supersaturation. Stream chemistry changes little thereafter even though streams remain highly supersaturated for calcite. Our data taken together with historical United States Geological Survey (USGS) data show that alkalinity losses to carbonate precipitation are most significant during periods of lowest discharge. Thus, on an annual basis, the large carbon flux from carbonate dissolution in soil zones is only decreased by a relatively small amount by the back precipitation of calcium carbonate.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/41811/1/10498_2004_Article_5379448.pd

River Sources of Dissolved Inorganic Carbon in the Gulf of Trieste (N Adriatic): Stable Carbon Isotope Evidence

River inputs can significantly affect carbon dynamics in the costal ocean. Here, we investigate the influence of four rivers (Isonzo/Soča, Timavo/Reka, Rižana, and Dragonja) on inorganic carbon (C) in the Gulf of Trieste in the northern Adriatic Sea using stable isotope signatures of dissolved inorganic carbon (δ¹³CDIC). In 2007, rivers exported 1.03 × 10¹¹ g C in the form of dissolved inorganic carbon (DIC) to the Gulf of Trieste with the lowest export observed in the Dragonja and the highest in the Isonzo/Soča. River plumes were associated with higher total alkalinity (TA) and pCO2 values compared with Gulf of Trieste waters, but their inputs showed high spatial variability. The δ¹³CDIC values and the isotopic mass balance suggested that river input during the spring of 2007 represented about 16 % of DIC at our study site VIDA, located in the southeastern part of the Gulf of Trieste. During autumn of 2007, the riverine contribution of DIC was less pronounced (3 %) although the river export of C was higher relative to the spring season. Convective mixing with the Gulf of Trieste waters and bora wind events appear to reduce the riverine contribution to the DIC system. Our results suggest that river plumes play an important role in C cycling in the Gulf of Trieste by direct inputs of higher riverine DIC and by increased biological uptake of DIC promoted by the supply of riverine nutrients

Strontium, boron, oxygen, and hydrogen isotope geochemistry of brines from basal strata of the Gulf Coast sedimentary basin, USA

Significant spatial heterogeneities exist in the stable isotopic composition of saline formation waters from reservoirs of the Smackover Formation (Upper Jurassic). We focused on the southwest Arkansas shelf, a structurally simple portion of one of the interior basins of the northern Gulf Coast sedimentary basin. Here, faulting and facies changes juxtapose dominantly oolitic carbonate strata against basal evaporites, red beds, and siliciclastics, as well as metamorphosed basement rocks. Brines from this area have exceptionally high Br and alkali element concentrations and have spatially heterogeneous hydrogen sulfide concentrations. Strontium, boron, oxygen, and hydrogen isotope compositions exhibit coherent relations with other aspects of brine geochemistry. Sr isotope compositions range from those expected for carbonates and evaporites deposited from Jurassic seawater (0.7071) to radiogenic ratios as high as 0.7107. Generally, most radiogenic Sr isotope values are associated with H2S-rich waters which also have elevated alkali element (Li, B, K, Rb) concentrations. These alkali element-rich waters are associated with portions of the South Arkansas fault system which reach basement.Boron isotope compositions are similarly heterogeneous, ranging from values of +26 to +50%.. Brines with highest B contents are most depleted in 11B, consistent with boron input from brines generated from high-temperature siliciclastic diagenetic reactions. Normalizing B contents to Br in the brines reveals a reasonable mixing trend between a Dead Sea-type composition and Texas Gulf Coast-type shale/sand reservoir waters.Oxygen and hydrogen isotope data exhibit regional variations which are controlled by meteoric water invasion along the northern limb of the southwest Arkansas Fault, which has surface expression. Although oxygen isotope compositions are often near equilibrium with respect to reservoir carbonate, it is more difficult to ascribe trends in [delta]D values to local water-rock interaction. The stable isotope trends can be explained either in terms of an evolved marine evaporite brine or a water evolved via water-rock interaction, and mixing with meteoric water in the vicinity of the southwest Arkansas Fault. Spatial heterogeneity in isotopic composition of formation waters from this relatively restricted study area suggests that assumptions of a homogeneous Sr reservoir in dating regional mineralization events require careful assessment in ancient systems.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/30828/1/0000490.pd

Formation waters from Mississippian-Pennsylvanian reservoirs, Illinois basin, USA: Chemical and isotopic constraints on evolution and migration

We have analyzed a suite of seventy-four formation-water samples from Mississippian and Pennsylvanian carbonate and siliciclastic strata in the Illinois basin for major, minor, and trace element concentrations and for strontium isotopic composition. A subset of these samples was also analyzed for boron isotopic composition. Data are used to interpret origin of salinity and chemical and Sr isotopic evolution of the brines and in comparison with a similar data set from an earlier study of basin formation waters from Silurian-Devonian reservoirs. Systematics of Cl-Br-Na show that present Mississippian-Pennsylvanian brine salinity can be explained by a combination of subaerial seawater evaporation short of halite saturation and subsurface dissolution of halite from an evaporite zone in the middle Mississippian St. Louis Limestone, along with extensive dilution by mixing with meteoric waters. Additional diagenetic modifications in the subsurface interpreted from cation/Br ratios include K depletion through interaction with clay minerals, Ca enrichment, and Mg depletion by dolomitization, and Sr enrichment through CaCO3 recrystallization and dolomitization. Ste. Genevieve Limestone (middle Mississippian) formation waters show 87Sr/86Sr ratios in the range 0.70782-0.70900, whereas waters from the siliciclastic reservoirs are in the range 0.70900-0.71052. Inverse correlations between 87Sr/86Sr and B, Li, and Mg concentrations suggest that the brines acquired radiogenic 87Sr through interaction with siliciclastic minerals. Completely unsystematic relations between 87Sr/86Sr and 1/Sr are observed; Sr concentrations in Ste. Genevieve and Aux Vases (middle Mississippian) waters appear to be buffered by equilibrium with respect to SrSO4. Although there are many similarities in their origin and evolution, these formation waters are distinguished from Silurian-Devonian brines in the basin by elevated Cl/Br and Na/Br ratios and by unsystematic Sr isotope relationships. Thus waters from these two major segments of the Illinois basin stratigraphic column form distinct geochemical regimes which are separated by the New Albany Shale Group (Devonian-Mississippian) regional aquitard. Geochemical evolution appears to have been influenced significantly by Paleozoic and Mesozoic hydrologic flow systems in the basin.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/31001/1/0000676.pd

Sorption phenomena in subsurface systems: Concepts, models and effects on contaminant fate and transport

The behavior, transport and ultimate fate of contaminants in subsurface environments may be affected significantly by their participation in sorption reactions and related phenomena. The degree to which the resulting effects can be quantified and predicted depends upon the extent to which certain fundamental aspects of sorption are understood, and upon the accuracy with which these phenomena can be characterized and modeled in complex subsurface systems. Current levels of understanding of the reactions and processes comprising sorption phenomena are discussed in this paper, as are the forms and utilities of different models used to describe them. Emphasis is placed on concept development, on the translation of these concepts into functional models for characterizing sorption rates and equilibria, and on the application of these concepts and models for explaining contaminant behavior in subsurface systems. Examples are provided to illustrate the impacts of sorption phenomena on contaminant transport.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/29367/1/0000437.pd

Massive skyrmions in quantum Hall ferromagnets

We apply the theory of elasticity to study the effects of skyrmion mass on lattice dynamics in quantum Hall systems. We find that massive Skyrme lattices behave like a Wigner crystal in the presence of a uniform perpendicular magnetic field. We make a comparison with the microscopic Hartree-Fock results to characterize the mass of quantum Hall skyrmions at $\nu=1$ and investigate how the low temperature phase of Skyrme lattices may be affected by the skyrmion mass.Comment: 6 pages and 2 figure

Nontarget Effects of the Mosquito Adulticide Pyrethrin Applied Aerially During a West Nile Virus Outbreak in an Urban California Environment

In August 2006, a pyrethrin insecticide synergized with piperonyl butoxide (EverGreen Crop Protection EC 60-6, McLaughlin Gormley King Company, Golden Valley, MN) was sprayed in ultralow volumes over the city of Davis, CA, by the Sacramento-Yolo Mosquito and Vector Control District to control mosquitoes transmitting West Nile virus. Concurrently, we evaluated the impact of the insecticide on nontarget arthropods by 1) comparing mortality of treatment and control groups of sentinel arthropods, and 2) measuring the diversity and abundance of dead arthropods found on treatment and control tarps placed on the ground. We found no effect of spraying on nontarget sentinel species including dragonflies (Sympetrum corruptum), spiders (Argiope aurantia), butterflies (Colias eurytheme), and honeybees (Apis mellifera). In contrast, significantly higher diversity and numbers of nontarget arthropods were found on ground tarps placed in sprayed versus unsprayed areas. All of the dead nontarget species were small-bodied arthropods as opposed to the large-bodied sentinels that were not affected. The mortality of sentinel mosquitoes placed at the same sites as the nontarget sentinels and ground tarps ranged from 0% to 100%. Dead mosquitoes were not found on the ground tarps. We conclude that aerial spraying with pyrethrins had no impact on the large-bodied arthropods placed in the spray zone, but did have a measurable impact on a wide range of small-bodied organisms