66 research outputs found

    Fair and Effective Use of Present Antitrust Procedure

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    No government policy has received such long and unquestioned public acceptance as that expressed by the Sherman Antitrust Act. The domination of market by small groups and the concentration of wealth and power in a few have been a matter of continuing public concern for over 40 years. However, in spite of a governmental religion officially dedicated to the economic independence of individuals, the growth of great organizations in America has been amazing. The Internal Revenue statistics for 1935 show that over 50% of all net corporate incomes is earned by less than one-tenth of 1% of the corporations reporting, and 84% of the aggregate corporate net profits is earned by less than 4% of the corporations reporting. We have become a nation of employees. Our private property, our security in our old age and the care of our families when we die usually consist of claims held directly or indirectly against great industrial organizations

    The Jurisprudence of Edward S. Robinson

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    The pages of a law journal are ill adapted to express the sense of bitter tragedy and irreparable personal loss which all of us at Yale feel in the loss of our friend and colleague, Edward S. Robinson. I will not try it

    CRIMINAL ATTEIPTS-THE RISE AND FALL OF ANT ABSTRACTION

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    Institute Priests and Yale Observers - A Reply to Dean Goodrich

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    Most of the literature of jurisprudence, to paraphrase William James, is tedious, not as hard subjects like physics and mathematics are tedious, but as throwing feathers, endlessly, hour after hour, is tedious. Therefore it had been the habit of the more red-blooded students at Yale to ignore the subject. With the advent of the February issue of the UNIVERSITY OF PENNSYLVANIA LAW REVIEW, this attitude suddenly changed. It was discovered that fighting words might lie concealed in the dreary terminology of legal theory. Whereupon sales of Professor Robinson\u27s recent book, Law and the Lawyers, increased at the local bookstore, the UNVERSITY OF PENNSYLVANIA LAW REVIEW had to be put on reserve to meet the student demand, and interest in Jurisprudence at Yale achieved a new high

    APOLOGIA FOR JURISPRUDENCE

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    While it is important to remember that law consists of a large number of mutually contradictory symbols and ideals, it is equally important to realize that it requires for its acceptance a unified philosophy, which we will refer to as the science of the law or jurisprudence. An official admission by a judicial institution that it was moving in all directions at once in order to satisfy the conflicting emotional values of the people which it served would be unthinkable. It would have the same effect as if an actor interrupted the most moving scene of a play in order to explain to the audience that his real name was John Jones. The success of the play requires that an idea be made real to the audience. The success of the law as a unifying force depends on making emotionally significant the ideal of a government of law which is rational and scientific. Of course if we look at the moving, tumbling stream of events, evaluating the effects of the complex of habits, fears, hopes, social and economic pressures, we discover that law is not what it pretends to be. Yet if law did not pretend to be what it is not, it would lose its magic and effectiveness. This is a paradox only to those who refuse to think of the essentially dramatic character which every great public institution must develop. Functionally the primary purpose of the science of the law is to be a sounding board of both the prevalent hopes and the prevalent worries of those who believe in a government of law and not of men, to reconcile these hopes and worries somewhere in the mists of scholarship and learning, and never to admit that this is what it is doing

    The Rule of Law is Dead! Long Live the Rule of Law!

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    Polls show that a significant proportion of the public considers judges to be political. This result holds whether Americans are asked about Supreme Court justices, federal judges, state judges, or judges in general. At the same time, a large majority of the public also believes that judges are fair and impartial arbiters, and this belief also applies across the board. In this paper, I consider what this half-law-half-politics understanding of the courts means for judicial legitimacy and the public confidence on which that legitimacy rests. Drawing on the Legal Realists, and particularly on the work of Thurman Arnold, I argue against the notion that the contradictory views must be resolved in order for judicial legitimacy to remain intact. A rule of law built on contending legal and political beliefs is not necessarily fair or just. But it can be stable. At least in the context of law and courts, a house divided may stand

    Uranium mobility in organic matter-rich sediments: A review of geological and geochemical processes

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    Uranium (U) is of enormous global importance because of its use in energy generation, albeit with potential environmental legacies. While naturally occurring U is widespread in the Earth's crust at concentrations of ~1 to 3 ppm, higher concentrations can be found, includingwithin organicmatter (OM)-rich sediments, leading to economic extraction opportunities. The primary determinants of U behaviour in ore systems are pH, Eh, U oxidation state (U(IV), U(VI)) and the abundance of CO3 2– ions. The concentration/availability and interrelationships among such determinants vary, and the solubility and mobility of ions (e.g. OH-, CO3 2–, PO4 3-, SiO4 4-, SO4 2-) that compete for U (primarily as U(VI)) will also influence the mobility of U. In addition, the presence of OM can influence U mobility and fate by the degree of OMsorption to mineral surfaces (e.g. Fe- and Si- oxides and hydroxides). Within solid-phase OM, microbes can influence U oxidation state and U stability through direct enzymatic reduction, biosorption, biomineralisation and bioaccumulation. The biogenic UO2 product is, however, reported to be readily susceptible to reoxidation and therefore more likely remobilised over longer time periods. Thus several areas of uncertainty remain with respect to factors contributing to U accumulation, stability and/or (re)mobilisation. To address these uncertainties, this paper reviews U dynamics at both geological and molecular scales. Here we identify U-OMbond values that are in agreement, relatively strong, independent from ionic strength and which may facilitate either U mobilisation or immobilisation, depending on environmental conditions. We also examine knowledge gaps in the literature, with U-OM solubility data generally lacking in comparison to data for U sorption and dissolution, and little information available on multi-component relationships, such as UOM-V (V as vanadate). Furthermore, the capability ofOMto influence the oxidation state of U at near surface conditions remains unclear, as it can be postulated that electron shuttling by OM may contribute to changes in U redox state otherwise mediated by bacteria. Geochemical modelling of the environmental mobility of U will require incorporation of data from multi-corporation studies, as well as from studies of U-OM microbial interactions, all of which are considered in this review

    A comprehensive overview of radioguided surgery using gamma detection probe technology

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    The concept of radioguided surgery, which was first developed some 60 years ago, involves the use of a radiation detection probe system for the intraoperative detection of radionuclides. The use of gamma detection probe technology in radioguided surgery has tremendously expanded and has evolved into what is now considered an established discipline within the practice of surgery, revolutionizing the surgical management of many malignancies, including breast cancer, melanoma, and colorectal cancer, as well as the surgical management of parathyroid disease. The impact of radioguided surgery on the surgical management of cancer patients includes providing vital and real-time information to the surgeon regarding the location and extent of disease, as well as regarding the assessment of surgical resection margins. Additionally, it has allowed the surgeon to minimize the surgical invasiveness of many diagnostic and therapeutic procedures, while still maintaining maximum benefit to the cancer patient. In the current review, we have attempted to comprehensively evaluate the history, technical aspects, and clinical applications of radioguided surgery using gamma detection probe technology
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