The Unification of Germany: What Would Jhering Say?

Two of Jhering\u27s ideas are crucial to understanding the problems besetting the merger of East and West Germany. They are (a) the centrality of the notion of private property as the foundation, not only of property rights, but of personal rights as well; and (b) his notion of rechtsgefühl, translated clumsily as a feeling of legal right, but implying the pain and irritation a person feels when he has been put upon. [FN8] It is my thesis that a fundamental difference between the way these two concepts are viewed in the former East and West Germanies is a sword in the bed, presenting a fierce obstacle to the union that both desire

Calculations, and comparison with an ideal minimum, of trimmed drag for conventional and canard configurations having various levels of static stability

Classical drag equations were used to calculate total and induced drag and ratios of stabilizer lift to wing lift for a variety of conventional and canard configurations. The Flight efficiencies of such configurations that are trimmed in pitch and have various values of static margin are evaluated. Classical calculation methods are compared with more modern lifting surface theory

Nucleosynthesis in the Outflow from Gamma Ray Burst Accretion Disks

We examine the nucleosynthesis products that are produced in the outflow from rapidly accreting disks. We find that the type of element synthesis varies dramatically with the degree of neutrino trapping in the disk and therefore the accretion rate of the disk. Disks with relatively high accretion rates such as 10 M_solar/s can produce very neutron rich nuclei that are found in the r process. Disks with more moderate accretion rates can produce copious amounts of Nickel as well as the light elements such as Lithium and Boron. Disks with lower accretion rates such as 0.1 M_solar/s produce large amounts of Nickel as well as some unusual nuclei such as Ti-49, Sc-45, Zn-64, and Mo-92. This wide array of potential nucleosynthesis products is due to the varying influence of electron neutrinos and antineutrinos emitted from the disk on the neutron-to-proton ratio in the outflow. We use a parameterization for the outflow and discuss our results in terms of entropy and outflow acceleration.Comment: 12 pages, 12 figures; submitted to Ap

The Voting Rights Act and the New and Improved Intent Test: Old Wine in New Bottles

Since the Supreme Court injected the issue of intent into the voting rights arena in Mobile v. Bolden,1 there has been a long and persistent struggle to reverse that decision. In 1982, Congress thought it had put the question of the quantum and quality of proof required to establish a violation of section 2 of the Voting Rights Act to rest when Congress amended that section. However, the courts quickly began a rear guard action to undermine congressional efforts to eliminate the intent requirement as an element of a plaintiff\u27s claim. Both the Supreme Court and the circuit courts have played various roles in the effort to re-assert the intent test in, albeit, a “new and improved” form. Despite Congress\u27 best efforts, the intent test is back. The role of scholars and practitioners is to understand the new test and determine how to satisfy this most stringent requirement. In this article, the contours of the new test will be examined and the question of what proof is required to satisfy the test will be explored. Part II will discuss the Mobile decision and congressional efforts to eliminate the intent test from section 2. Part III will explore the several opinions in Thornburg where the question of the intent of Congress when it amended section 2 was discussed. Finally, in Part IV, the circuit court decisions, essentially adopting Justice O\u27Connor\u27s opinion, will be analyzed to determine the contours of the new intent test and the elements of proof required to meet it. This article concludes that the courts “got it wrong” when they reintroduced the intent standard, and that Congress intended to banish intent as a requirement of a plaintiff\u27s case. However, recognizing that practitioners must live with what is, and not what ought to be, the article theorizes that the new test is not as difficult to prove as the old intent test

The Unification of Germany: What Would Jhering Say?

Two of Jhering\u27s ideas are crucial to understanding the problems besetting the merger of East and West Germany. They are (a) the centrality of the notion of private property as the foundation, not only of property rights, but of personal rights as well; and (b) his notion of rechtsgefühl, translated clumsily as a feeling of legal right, but implying the pain and irritation a person feels when he has been put upon. [FN8] It is my thesis that a fundamental difference between the way these two concepts are viewed in the former East and West Germanies is a sword in the bed, presenting a fierce obstacle to the union that both desire