1,590 research outputs found

    State Ethical Codes and Federal Practice: Emerging Conflicts and Suggestions for Reform

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    The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what con- stitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly trouble- some to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legisla- tion preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for pur- poses other than professional discipline. Pending other steps that might lead to national uniformity, the answer for the federal courts may be a uniform set of norms directly regulating litigation conduct in all federal courts

    State Ethical Codes and Federal Practice: Emerging Conflicts and Suggestions for Reform

    Get PDF
    The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what con- stitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly trouble- some to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legisla- tion preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for pur- poses other than professional discipline. Pending other steps that might lead to national uniformity, the answer for the federal courts may be a uniform set of norms directly regulating litigation conduct in all federal courts

    Moving up and down in the generic multiverse

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    We give a brief account of the modal logic of the generic multiverse, which is a bimodal logic with operators corresponding to the relations "is a forcing extension of" and "is a ground model of". The fragment of the first relation is called the modal logic of forcing and was studied by us in earlier work. The fragment of the second relation is called the modal logic of grounds and will be studied here for the first time. In addition, we discuss which combinations of modal logics are possible for the two fragments.Comment: 10 pages. Extended abstract. Questions and commentary concerning this article can be made at http://jdh.hamkins.org/up-and-down-in-the-generic-multiverse

    Paired Sr isotope (<sup>87</sup>Sr/<sup>86</sup>Sr, δ<sup>88/86</sup>Sr) systematic of pore water profiles: A new perspective in marine weathering and seepage studies

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    The simultaneous and independent determination of the radiogenic (87Sr/86Sr) and the fractionation reflecting stable (!88/86Sr) Sr isotope ratio on pore waters, sediments and precipitates (e.g. carbonates and sulfates) opens a new perspective in the field of submarine weathering and Sr contribution to the ocean chemistry. Four initial case studies covering (1.) CO2 seeps of the Okinawa Trough (OT), (2.) mud volcanoes (MV) and mounds in the Gulf of Cadiz (GoC) and the (3.) Central American Fore Arc as well as first results from the (4.) Black Sea are conducted and reflect a stable Sr perspective on seeps from a broad range of geological settings. Referred to NIST-SRM-987, in this study the IAPSO seawater (SW) standard has a !88/86Sr of 0.39 ‰ (±0.03, 2SD). As a prominent systematic deviation the OT pore water (PW) data from a site with CO2 hydrate and liquid CO2 occurence show values ranging from 0.27 to 0.59 ‰ (286 to 64 cm sediment depth), accompanied by a weak inversely correlated trend from 0.2 to 0.15 ‰ for the corresponding bulk sediment (286 to 36 cm). In contradiction to a simple fluid/SW-mixing approach as driving mechanism for the PW stable Sr trend the 87Sr/86Sr signature stays within analytical uncertainty constant with depth (0.70980 (1)) and differs significantly from SW (0.70917 (1)) and the more radiogenic, slightly heterogeneous sediment (0.71892-0.71731). Potential explanation for the observed !88/86Sr trend and PW signatures heavier than SW are (a) strong fractionation processes enriching light isotopes in secondary precipitates and remineralisation products and heavier signatures in the remaining fluid and/or (b) preferential dissolution of heavier mineral phases. Examples for the latter kind of sediment component are determined in a detailed study of the Mercator MV (GoC) by high !88/86Sr ratios of 0.72 for authigenic and 0.92 ‰ for potentially extruded gypsum crystals. Combined with PW data from the other seep settings (0.2 to 0.52 ‰) a broad range of Sr contribution and fractionation processes becomes evident

    ECO2 Briefing Paper No. 1: The scientific basis for offshore CCS

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    Contending with animal bones (Editorial)

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    [FIRST PARAGRAPH] This issue has been assembled in order to focus on some of the current directions in animal remains research. Since serious study of ancient animal remains began in the nineteenth century, this field and its specific areas of inquiry have evolved and diversified, and this collection of papers highlights that diversity, by including contributions that address issues from excavation and field recording methods and preservational conditions, to the use of bone for understanding past animal populations, as well as bones as proxy indicators for human activities. This volume is not meant only for the attention of the faunal remains specialist, and only a couple of these papers have actually been contributed by "archaeozoologists". Rather we hope to demonstrate the importance of faunal remains studies, on a par with lithic or pottery research. It should be acknowledged that animal bones do not relate simply to the “economic” aspects of a culture but to all areas of the life world

    Civil Justice Systems in Europe and the United States

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    Professor Kötz delivered the inaugural Herbert L. Bernstein Memorial Lecture in Comparative Law in 2002 and this article is based on his remarks. The article is included in the inaugural volume of CICLOPs that collects the first six Bernstein lectures. In order to highlight the similarities and differences in legal regimes between Europe and the United States, Professor Hein Kötz analyzes the German and American civil legal systems and, to a minor extent, the British civil legal system. Specifically, Kötz focuses on one of the distinguishing features of the American legal system, the civil jury, and its impact on the structure and flow of the civil court case. By targeting this feature of the American system, he highlights the differences in values held by each society, the impact these differing values have in altering fairly similar legal objectives, and the mechanisms that are created to fulfill these objectives, as well as the consequences of such mechanisms. Kötz shows how the American preference for a jury over a judge as the trier of fact for a civil trial greatly impacts a number of aspects of the trial, including discovery, the role of the judge, and the approach governing the introduction of expert testimony. This comparison puts into relief not only the differences between the two systems, but also the benefits and drawbacks of each. These differences are highlighted particularly well through the use of examples of solutions found within the legal systems to deal with unique problems – such as the American class-action suit
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