Institutionalism, Legitimacy, and Fact-Finding in International Disputes

Efforts to reform investor-state dispute settlement with an investment court promise to elevate the role of institutions in dispute resolution. The goal of this renewed campaign for institutionalism is to enhance both the legitimacy of arbitrators as individual decision-makers and the legitimacy of legal interpretation. But these reform efforts ignore another core aspect of legitimacy-the legitimacy of the fact-finding process. Ignoring this aspect of legitimacy is a significant oversight, as treaty authors, disputing parties, and practitioners all remain dissatisfied with fact-finding quality and with international law\u27s continued failure to address the factual complexity of today\u27s disputes. Both theory and experience with institutionalism in existing systems predict that an investment court-with a standing administrative apparatus, a standing first-instance tribunal, and a standing appellate mechanism-cannot address this dissatisfaction. At best, an investment court will have only marginal effects on factfinding. At worst, it will become a potential source of unreliable factfinding practices and serve only to increase the cost and length of the process. This Article cautions investment-court proponents to consider the aspect of legitimacy that they have missed and points them to an alternative, rules-based approach that would make changes to the evidentiary rules that govern the production, testing, and evaluation of evidence. A rules-based approach offers the opportunity to promote fact-finding practices that increase quality, to discourage practices that do not, and to support consistency and predictabilityall without requiring wholesale reform or degrading efficiency. The Article concludes with two rules-based strategies: the establishment of analytical frameworks to increase adjudicator accountability and engagement with the factual record and the appointment of subjectmatter experts as adjudicators to inject expertise directly into the decision-making process in factually complex disputes

1972 Research Progress Reports, Fruit and Vegetable Processing and Food Technology

Evaluation of tomato cultivars / W. A. Gould, James Black, Louise Howiler, Shirley Perryman, and Stanley Z. Berry -- Effects of food additives on the quality of canned tomatoes / Wilbur A. Gould, John Mount, Jacquelyn Gould, Louise Howiler, and James Black -- Effect of storage temperature on shelf life of ascorbic acid fortified tomato juice / Gerald A. Pope and Wilbur A. Gould -- Survey of waste disposal practices of Ohio tomato processors / J. R. Geisman -- Evaluation of snap bean varieties for processing / Wilbur A. Gould, Jacquelyn Gould and Roberta Topits -- The effect of variety, size, and fermentation temperature on the quality attributes of cucumber pickles / Gary Flinn and Wilbur A. Gould -- Progress report on frozen corn-on-the-cob / James W. Swinehart and Wilbur A. Gould -- Progress report on cabbage lipids / Andrew C. Peng -- Effect of soybean flour on quality and protein content in the manufacture of doughnuts / Mohamed I. Mahmoud and Wilbur A. Goul

Flexible Cognitive Strategies during Motor Learning

Visuomotor rotation tasks have proven to be a powerful tool to study adaptation of the motor system. While adaptation in such tasks is seemingly automatic and incremental, participants may gain knowledge of the perturbation and invoke a compensatory strategy. When provided with an explicit strategy to counteract a rotation, participants are initially very accurate, even without on-line feedback. Surprisingly, with further testing, the angle of their reaching movements drifts in the direction of the strategy, producing an increase in endpoint errors. This drift is attributed to the gradual adaptation of an internal model that operates independently from the strategy, even at the cost of task accuracy. Here we identify constraints that influence this process, allowing us to explore models of the interaction between strategic and implicit changes during visuomotor adaptation. When the adaptation phase was extended, participants eventually modified their strategy to offset the rise in endpoint errors. Moreover, when we removed visual markers that provided external landmarks to support a strategy, the degree of drift was sharply attenuated. These effects are accounted for by a setpoint state-space model in which a strategy is flexibly adjusted to offset performance errors arising from the implicit adaptation of an internal model. More generally, these results suggest that strategic processes may operate in many studies of visuomotor adaptation, with participants arriving at a synergy between a strategic plan and the effects of sensorimotor adaptation

SOME LESSONS FROM THE \u3ci\u3eFEELING GOOD\u3c/i\u3e TELEVISION SERIES

There has been a lot of discussion recently, in the press and elsewhere, about the need for more preventive health action on the part of the public. This concern was the basis for the Feeling Good project. The original proposal was for 26 one-hour programs to be broadcast weekly on Public Broadcasting Systems (PBS). When we were about 6 programs into the series, however, the decision was made to stop after the first 11 one-hour shows, take a two-month break to retool and return with 13 half-hour shows. Leon Robertson talked about some of the problems with using education as a means of trying to influence people to do things we all know we are supposed to do. Most of the time, as he noted, results are rather discouraging. People do not pay much attention, or if they do pay attention and learn, they still do not do what they say they know they should do. Education is one means of getting people to do things. Technology and legislation are two other means of making things happen. Our program did not deal with either the passage of new legislation or the enforcement of existing legislation is such areas as the use of fluoridation or seat belts. We were not involved with technology. Technological solutions to some problems are obviously going to lessen the necessity for public education. Even with technological advances, however, there will still be need for people to know about health problems and what they can do about them. To provide a context for discussing our series, let us focus first on health education in general (Figure I). Pamphlets, radio, television, films, newspaper columns, and a variety of other things are used in health education. Television alone can be split into commercial and non -commercial

Reliability of Expert Evidence in International Disputes

Part I of this article traces the historical trends in the use of expert evidence in international disputes, from the scattered reliance on experts in the nineteenth and early twentieth centuries to the ubiquity of experts in modern disputes. With that perspective, Part II examines how decision makers have attempted to ensure reliability of the expert evidence that is flooding the evidentiary records of international disputes, while Part III outlines the many problems that still remain. Finally, Part IV proposes a non-exhaustive and nonbinding checklist of questions for analyzing the reliability of any type of expert evidence

A study of 25 print advertisements on drinking and driving. Final report

Notes: Addendum includedDistilled Spirits Council of the United States, Inc., Washington, D.C.http://deepblue.lib.umich.edu/bitstream/2027.42/55/2/30768.0001.001.pd