8,863 research outputs found

    Losing Jerusalem - RFRA and the Vocation of Legal Crusader

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    Believing Like A Lawyer

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    Distortion maps for genus two curves

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    Distortion maps are a useful tool for pairing based cryptography. Compared with elliptic curves, the case of hyperelliptic curves of genus g > 1 is more complicated since the full torsion subgroup has rank 2g. In this paper we prove that distortion maps always exist for supersingular curves of genus g>1 and we construct distortion maps in genus 2 (for embedding degrees 4,5,6 and 12).Comment: 16 page

    Reply to Koppelman: Originalism and the (Merely) Human Constitution

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    Book Review: Freedom of Speech. by Eric Barendt.

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    Book review: Freedom of Speech. By Eric Barendt. Oxford: Clarendon Press. 1987. Pp. 366. Reviewed by: Steven D. Smith

    Desperately Seeking Serenity. Book Review Of: Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations. by Daniel A. Farber and Suzanna Sherry

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    Book review: Desperately Seeking Certainty: the misguided quest for constitutional foundations. By Daniel A. Farber and Suzanna Sherry. University of Chicago Press. 2002. Pp. 208. Reviewed by: Steven D. Smit

    Nonestablishment under God - The Nonsectarian Principle

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    The Hollowness of the Harm Principle

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    Among the various instruments in the toolbox of liberalism, the so-called “harm principle,” presented as the central thesis of John Stuart Mill’s classic On Liberty, has been one of the most popular. The harm principle has been widely embraced and invoked in both academic and popular debate about a variety of issues ranging from obscenity to drug regulation to abortion to same-sex marriage, and its influence is discernible in legal arguments and judicial opinions as well. Despite the principle’s apparent irresistibility, this essay argues that the principle is hollow. It is an empty vessel, alluring but without any inherent legal or political content, into which advocates can pour whatever substantive views and values they happen to favor. Perhaps the major problem that results is that advocates are tempted to advance their values and views not on their substantive merits, but rather by promoting the vessel, or the packaging. And like the harm principle itself, that temptation has proven irresistible– not merely to the office party debater or the talk show host, but to sophisticated philosophers as well, notably including the principle’s most articulate proponents: J. S. Mill and Joel Feinberg. All in all, the harm principle serves to confuse and distract, and to permit advocates to gain illicit rhetorical advantage without earning their way. Our public deliberations would accordingly be enhanced if the harm principle were retired from duty
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