1,713 research outputs found

    Trespass by Pollution: Remedy by Mandatory Injunction

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    On designing for quality

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    The problem of ensuring the required quality of products and/or technological processes often becomes more difficult due to the fact that there is not general theory of determining the optimal sets of value of the primary factors, i.e., of the output parameters of the parts and units comprising an object and ensuring the correspondence of the object's parameters to the quality requirements. This is the main reason for the amount of time taken to finish complex vital article. To create this theory, one has to overcome a number of difficulties and to solve the following tasks: the creation of reliable and stable mathematical models showing the influence of the primary factors on the output parameters; finding a new technique of assigning tolerances for primary factors with regard to economical, technological, and other criteria, the technique being based on the solution of the main problem; well reasoned assignment of nominal values for primary factors which serve as the basis for creating tolerances. Each of the above listed tasks is of independent importance. An attempt is made to give solutions for this problem. The above problem dealing with quality ensuring an mathematically formalized aspect is called the multiple inverse problem

    Identification of dynamic characteristics of flexible rotors as dynamic inverse problem

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    The problem of dynamic and balancing of flexible rotors were considered, which were set and solved as the problem of the identification of flexible rotor systems, which is the same as the inverse problem of the oscillation theory dealing with the task of the identifying the outside influences and system parameters on the basis of the known laws of motion. This approach to the problem allows the disclosure the picture of disbalances throughout the rotor-under-test (which traditional methods of flexible rotor balancing, based on natural oscillations, could not provide), and identify dynamic characteristics of the system, which correspond to a selected mathematical model. Eventually, various methods of balancing were developed depending on the special features of the machines as to their design, technology, and operation specifications. Also, theoretical and practical methods are given for the flexible rotor balancing at far from critical rotation frequencies, which does not necessarily require the knowledge forms of oscillation, dissipation, and elasticity and inertia characteristics, and to use testing masses

    Presidential Factfinding

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    The modern President possesses enormous power. She can use military force abroad without congressional authorization, impose economic sanctions on foreign powers, or enter into trade agreements with foreign states. She can do all this on her own, with little constraint. Or so it seems. In reality, these important powers, along with numerous more mundane ones, are all contingent on the President first making certain factual determinations. For example, to use force abroad, the President must first determine that the use of force is in the national interest, perhaps that it will preserve regional stability or protect American lives. To impose sanctions, she might have to determine that a country has used chemical weapons against its own people. To remove an officer with for-cause protection, she must find that there was cause, such as inefficiency, neglect of duty, or malfeasance. Given that the President can only invoke these powers-and many, many others-when certain facts exist, the process and standard of certainty the President uses to find such facts can have enormous consequences. The phenomenon of presidential factfinding is thus both commonplace and important. It is also almost entirely unstudied. This Article establishes the importance of factfinding as a pervasive feature of presidential power spanning constitutional, statutory, and international law. The Article then examines the President\u27s existing obligations in conducting factfinding, arguing that the President has a constitutional duty to act, at the least, honestly and based on reasonable inquiry. Finally, it addresses how presidential factfinding ought to be structured and regulated internally within the executive branch, by Congress, and through judicial revie

    The Courts, Daubert, and Environmental Torts: Gatekeepers or Auditors?

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    Since the decision in Daubert v. Merrell Dow, courts, legal scholars and the scientific community have been struggling with how much judicial activism is required to comply with the gatekeeper role mandated by the Supreme Court. This Article examines the varying conclusions reached on that subject and, relying on several significant Courts of Appeals decisions, suggests how courts can fulfill their Daubert duties without becoming amateur scientists and without expending enormous judicial resources

    OPENING THE SUBURBS TO RACIAL INTEGRATION: LESSONS FOR THE 21ST CENTURY

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    The Lawyer as Abolitionist: Ending Homelessness and Poverty in Our Time

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    Homelessness and poverty are daunting institutions that appear to be insurmountable. However, I nonetheless urge that lawyers focus on abolishing homelessness and the cause of homelessness: poverty. I use the word “abolition” deliberately, to make the connection to the battles against slavery in the nineteenth century and for civil rights in the twentieth century. As “impregnable,” ineradicable, and intractable as homelessness and poverty seem today, so impregnable, ineradicable, and intractable did slavery and segregation appear in the past. I respect and honor any action taken by anyone to alleviate the suffering of the homeless or those living in poverty. Energy is devoted to feed, shelter, and clothe poor people, to provide health care and other essential services, to protect them from the ravages of the criminal “justice” system, and otherwise to succor them in various ways. While admirable, this is not enough. Time and energy must also be dedicated to reforming the economic, social, political, and cultural structures that allow homelessness and poverty to exist. Importantly, as lawyers we have skills that are especially useful for this work. What must be done to end homelessness and poverty is not more dramatic or radical than what was required to end slavery and de jure segregation. This Article presents some thoughts about that effort. For example, some solutions include changing laws and social policies and reinterpreting the Constitution. I urge that antihomelessness advocates keep their eyes on the prize. To produce major social change requires that individuals strive with determination to achieve their goal. In order to reach our goal, we must have a similar commitment as those who fought against slavery and segregation before us

    OPENING THE SUBURBS TO RACIAL INTEGRATION: LESSONS FOR THE 21ST CENTURY

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