Lost Options for Mutual Gain? The Lawyer, the Layperson, and Dispute Resolution in Early America

Published in cooperation with the American Bar Association Section of Dispute Resolutio

The Origins of the Pursuit of Happiness

Scholars have long struggled to define the meaning of the phrase “the pursuit of happiness” in the Declaration of Independence. The most common understandings suggest either that the phrase is a direct substitution for John Locke’s conception of property or that the phrase is a rhetorical flourish that conveys no substantive meaning. Yet, property and the pursuit of happiness were listed as distinct—not synonymous—rights in eighteenth-century writings. Furthermore, the very inclusion of “the pursuit of happiness” as one of only three unalienable rights enumerated in the Declaration suggests that the drafters must have meant something substantive when they included the phrase in the text. This Article seeks to define the meaning of “the pursuit of happiness” within its eighteenth-century legal context by exploring the placement and meaning of the phrase within two of the eighteenth century’s most important legal texts: William Blackstone’s Commentaries on the Laws of England (1765–1769) and the Declaration of Independence (1776). Ultimately, this article concludes that “the pursuit of happiness”—which was understood to be both a public duty and a private right—evoked an Enlightenment understanding of the first principles of law by which the natural world is governed, the idea that those first principles were discoverable by humans, and the belief that to pursue a life lived in accordance with those principles was to pursue a life of virtue, with the end result of happiness, best defined in the Greek sense of eudaimonia or human flourishing

A Variety of State-Level Procedures, Practices, and Policies: Arbitration in Early America Symposium

This article seeks to explore the history of arbitration more in depth by taking a close look at the historical procedures, practices, and policies of arbitration in three states: Kentucky, New Jersey, and Massachusetts. Each state developed a complex system of arbitration that included multiple arbitration procedures drawn from English law. Each state had unique geographic, political, social, religious, or commercial conditions that influenced not only the development of arbitration in that state, but also arbitration practice and the policy goals surrounding its use. A closer look at arbitration in early America reveals that, rather than one history of American arbitration, we have many histories. Considering these varied histories provides us not only with a more complete picture of the diversity and complexity of arbitration in early America, but also with new insights as we—disputants, lawyers, judges, legislators, arbitrators, and policy advocates—debate hot topics in arbitration, today

Transformed, Not Transcended: The Role of Extrajudicial Dispute Resolution in Antebellum Kentucky and New Jersey

The purpose of this paper is to explore the applicability of that conclusion to two states not studied by Horwitz: Kentucky and New Jersey. The study of Kentucky, a state that was largely agricultural in the antebellum period, will provide a case study for the argument that the destruction of arbitration in antebellum America was mainly due to a merchant-lawyer alliance

Beyond the FAA: Arbitration Procedure, Practice, and Policy in Historical Perspective Symposium: Introduction

The purpose of this symposium edition of the Journal of Dispute Resolution is to widen the focus of our present-day discourse on arbitration by exploring the broader histories of arbitration in America, considering not only what arbitration procedure, practice, and policy looked like in early America (and in the earlier legal, cultural, or religious systems from which American arbitration was adopted), but also how those broader histories might contribute to important discussions and developments in arbitration procedure, practice, and policy today. To that end, we brought together scholars in law and history whose combined works restore breadth and depth to our present-day understanding of and debates about arbitration

Mechanisms of HIV-1 Nucleocapsid Protein Inhibition by Lysyl-Peptidyl-Anthraquinone Conjugates

The Nucleocapsid protein NCp7 (NC) is a nucleic acid chaperone responsible for essential steps of the HIV-1 life cycle and an attractive candidate for drug development. NC destabilizes nucleic acid structures and promotes the formation of annealed substrates for HIV-1 reverse transcription elongation. Short helical nucleic acid segments bordered by bulges and loops, such as the Trans-Activation Response element (TAR) of HIV-1 and its complementary sequence (cTAR), are nucleation elements for helix destabilization by NC and also preferred recognition sites for threading intercalators. Inspired by these observations, we have recently demonstrated that 2,6-disubstituted peptidylanthraquinone-conjugates inhibit the chaperone activities of recombinant NC in vitro, and that inhibition correlates with the stabilization of TAR and cTAR stem-loop structures. We describe here enhanced NC inhibitory activity by novel conjugates that exhibit longer peptidyl chains ending with a conserved Nterminal lysine. Their efficient inhibition of TAR/cTAR annealing mediated by NC originates from the combination of at least three different mechanisms, namely, their stabilizing effects on nucleic acids dynamics by threading intercalation, their ability to target TAR RNA substrate leading to a direct competition with the protein for the same binding sites on TAR, and, finally, their effective binding to the NC protein. Our results suggest that these molecules may represent the stepping-stone for the future development of NC-inhibitors capable of targeting the protein itself and its recognition site in RNA

A Comparison of Deep Inelastic Scattering Monte Carlo Event Generators to HERA Data

The Monte Carlo models ARIADNE, HERWIG and LEPTO are compared to deep-inelastic scattering data measured at the ep-collider HERA

Stability of cooled beams

Because of their high density together with extremely small spreads in betatron frequency and momentum, cooled beams are very vulnerable to incoherent and coherent space-charge effects and instabilities. Moreover, the cooling system itself, i.e. the electron beam in the case of e-cooling, presents large linear and non-linear 'impedances' to the circulating ion beam, in addition to the usual beam-environment coupling impedances of the storage ring. Beam blow-up and losses, attributed to such effects, have been observed in virtually all the existing electron cooling rings. The adverse effects seem to be more pronounced in those rings, like CELSIUS, that are equipped with a cooler capable of reaching the presently highest energy (100 to 300 keV electrons corresponding to 180 to 560 MeV protons). The stability conditions will be revisited with emphasis on the experience gained at LEAR. It will be argued that for all present coolers, three conditions are necessary (although probably not sufficient) for the stability of intense cold beams: (i) operation below transition energy, (ii) active damping to counteract coherent instability, and (iii) careful control of the e-beam neutralisation. An extrapolation to the future 'medium energy coolers', planned to work for (anti)protons of several GeV, will also be attempted