The Interface of Myth and Practice in Law

The purpose of this Article is to explore this myth, including its apparent inaccuracies, and to explain its persistence by recognizing the valid societal function that it fulfills. Part I will focus on this myth or religion of law--a law of rules--and attempt to explain its attractiveness to the nascent and practicing legal decisionmaker. Part II will explore the role of the lawyer within a process of decision making that is actually imbued with ambiguity. Finally, Part III will consider the remaining significance of the law as a very real factor that limits and controls the legal decisionmaker

The Marketplace of Ideas: A Legitimizing Myth

Theorists have often heralded the first amendment as creating a neutral marketplace of ideas. Proponents of this model view the market as essential to our society\u27s efforts to discover truth and foster effective popular participation in government. Professor Ingber asserts that the theoretical underpinnings of this model are based on assumptions of rational decisionmaking that are implausible in modern society. He insists that, in reality, the market is severely skewed in favor of an entrenched power structure and ideology. Professor Ingber explores efforts to reform and correct this market defect and finds them equally flawed. He concludes that the marketplace may fulfill its alleged functions only if we explore a theory of freedom of conduct; the market as it exists today simply fine-tunes differences among elites, while diffusing pressure for change by preserving a myth of personal autonomy needed to legitimate a governing system strongly biased toward the status quo

Defending the Citadel: The Dangerous Attack of Reasonable Good Faith

This Article presents arguments that are designed to influence the Court\u27s deliberations, to create a basis for critiquing the Court\u27s opinions once rendered, and to provide guidance for state courts, which soon may need to decide whether a good faith exception is consistent with their state constitutions and procedures. To place the subsequent discussion in context, part I of the Article briefly sketches the historical development of the exclusionary rule. Part II develops the general arguments against the exclusionary rule and the specific arguments in favor of a good faith exception. Part III exposes the conceptual flaws of the exception by demonstrating its inconsistency with a constitutional concept of right, its disastrous effect on the substance of the fourth amendment, and its interference with a defendant\u27s right to effective counsel. The Article considers practical problems associated with implementation of such an exception in part IV. Finally the Article, in its entirety, demonstrates the hidden agenda behind the movement supporting the good faith exception: minimizing the fourth amendment\u27s significance and substantive protection...This Article has now described the historical development of the exclusionary rule, presented the arguments opposing the rule,and presented the logic and precedent supporting a good faith exception. The Article now shall prove that recognition of a good faith exception would be at best inadvisable; at worst, disastrous

Electroencephalographic field influence on calcium momentum waves

Macroscopic EEG fields can be an explicit top-down neocortical mechanism that directly drives bottom-up processes that describe memory, attention, and other neuronal processes. The top-down mechanism considered are macrocolumnar EEG firings in neocortex, as described by a statistical mechanics of neocortical interactions (SMNI), developed as a magnetic vector potential $\mathbf{A}$. The bottom-up process considered are $\mathrm{Ca}^{2+}$ waves prominent in synaptic and extracellular processes that are considered to greatly influence neuronal firings. Here, the complimentary effects are considered, i.e., the influence of $\mathbf{A}$ on $\mathrm{Ca}^{2+}$ momentum, $\mathbf{p}$. The canonical momentum of a charged particle in an electromagnetic field, $\mathbf{\Pi} = \mathbf{p} + q \mathbf{A}$ (SI units), is calculated, where the charge of $\mathrm{Ca}^{2+}$ is $q = - 2 e$, $e$ is the magnitude of the charge of an electron. Calculations demonstrate that macroscopic EEG $\mathbf{A}$ can be quite influential on the momentum $\mathbf{p}$ of $\mathrm{Ca}^{2+}$ ions, in both classical and quantum mechanics. Molecular scales of $\mathrm{Ca}^{2+}$ wave dynamics are coupled with $\mathbf{A}$ fields developed at macroscopic regional scales measured by coherent neuronal firing activity measured by scalp EEG. The project has three main aspects: fitting $\mathbf{A}$ models to EEG data as reported here, building tripartite models to develop $\mathbf{A}$ models, and studying long coherence times of $\mathrm{Ca}^{2+}$ waves in the presence of $\mathbf{A}$ due to coherent neuronal firings measured by scalp EEG. The SMNI model supports a mechanism wherein the $\mathbf{p} + q \mathbf{A}$ interaction at tripartite synapses, via a dynamic centering mechanism (DCM) to control background synaptic activity, acts to maintain short-term memory (STM) during states of selective attention.Comment: Final draft. http://ingber.com/smni14_eeg_ca.pdf may be updated more frequentl

Evolutionary development of tensegrity structures

Contributions from the emerging fields of molecular genetics and evo-devo (evolutionary developmental biology) are greatly benefiting the field of evolutionary computation, initiating a promise of renewal in the traditional methodology. While direct encoding has constituted a dominant paradigm, indirect ways to encode the solutions have been reported, yet little attention has been paid to the benefits of the proposed methods to real problems. In this work, we study the biological properties that emerge by means of using indirect encodings in the context of form-finding problems. A novel indirect encoding model for artificial development has been defined and applied to an engineering structural-design problem, specifically to the discovery of tensegrity structures. This model has been compared with a direct encoding scheme. While the direct encoding performs similarly well to the proposed method, indirect-based results typically outperform the direct-based results in aspects not directly linked to the nature of the problem itself, but to the emergence of properties found in biological organisms, like organicity, generalization capacity, or modularity aspects which are highly valuable in engineering

Zwanzig-Mori projection operators and EEG dynamics: deriving a simple equation of motion

We present a macroscopic theory of electroencephalogram (EEG) dynamics based on the laws of motion that govern atomic and molecular motion. The theory is an application of Zwanzig-Mori projection operators. The result is a simple equation of motion that has the form of a generalized Langevin equation (GLE), which requires knowledge only of macroscopic properties. The macroscopic properties can be extracted from experimental data by one of two possible variational principles. These variational principles are our principal contribution to the formalism. Potential applications are discussed, including applications to the theory of critical phenomena in the brain, Granger causality and Kalman filters