...in the last decade, proceduralists have built on this democratic perspective to make sense of where civil litigation is headed today. ...public law litigation is changing in ways that mirror the ...democratic turn in procedural scholarship-for better and worse. "5 Others, like Myriam Gilles, have used the law declaration framework as a way to critique alternative dispute resolution.6 As some scholars argued over which framework did and should predominate, others problematized this supposed binary.7 Robert Bone has argued that these two frameworks are a false dichotomy.8 Returning to Lon Fuller's theory of adjudication, Bone demonstrates that "individual participation through reasoned argument in an adversarial format was the institutional form that made it possible for courts to develop sound principles and render good decisions. "9 At times, these competing visions of dispute resolution and law declaration have focused solely on the Supreme Court.10 But scholars recognize that this framework applies more broadly to the federal courts as a whole, not to mention other court systems, if imperfectly.11 In the words of the editors of Hart and Wechsler, "no two stylized and oversimplified models can capture the full historical or functional complexity of the role of the federal judiciary.
Dr Robert Resnik, Professor and Chair Emeritus at the University of California–San Diego (UCSD), has made seminal contributions to the understanding of the physiology of uterine blood flow with the ...implementation of state-of-the-art experimental techniques. Throughout his career, his work has provided insights into the role of estrogens in increasing uterine blood flow and into the effects of environmental factors, such as nicotine and cocaine, in the regulation of the uterine circulation. His clinical studies on the frequency of white matter lesions in the fetal brain contributed to the identification of fetal injury as a cause for the neurodevelopmental disorders observed in children born preterm and for the role of intra-amniotic infection and vascular anastomosis in monozygotic twins. Dr Resnik is recognized herein as a Giant in Obstetrics and Gynecology.
The drafters of the MDL statute-a group of federal judges who had overseen the sprawling electrical equipment antitrust litigation in the 1960s-were strong proponents of active pretrial case ...management.4 And in recent years, MDL judges have also taken on a greater post-adjudication managerial role, supervising the administration of mass settlements involving the BP oil spill, the Volkswagen "clean diesel" scandal, NFL concussions, defective drugs and medical devices, and many other mass torts. ...as some of our largest controversies are centralized in MDLs, the proceedings can take on aspects of public law litigation where traditional adjudication-a trial or judicial order-cannot solve the problem.5 But for all of their power and discretion over pretrial and postadjudication management, the one thing that MDL judges cannot do is try transferred cases. ...even in cases seeking more conventional monetary remedies-private law litigation, like product liability suits-judges engage in active pretrial case management. The small group of federal judges who drafted the MDL statute and shepherded it through Congress in 1968 were innovative case managers themselves, having overseen-and employed creative methods to resolve-the sprawling antitrust litigation against electrical equipment manufacturers in the 1960s.23 The statute's drafters considered active pretrial case management absolutely essential to handling the kinds of complex litigation that would end up in MDL.
Hypothetical structuralism Czakon, Marcin
Ruch filozoficzny,
12/2022, Letnik:
78, Številka:
3
Journal Article
Recenzirano
Odprti dostop
M. Resnik (2019) suggests a new version of structuralism which he calls non-ontological structuralism. In the present short article I discuss this view-point in the context of the Frege-Hilbert ...controversy about meaning of primitive notions in deductive theory, with special regard to the original views of K. Ajdukiewicz, Hilbert’s student. Following the proposed differentiations, I introduce a new type of structuralism which I call hypothetical structuralism, close to Resnik’s non-ontological structuralism.
•First systematically explored underwater Middle Paleolithic site in the central Mediterranean and southeastern Europe.•Improved underwater field investigation methodology for Paleolithic sites ...applied.•Comparative approach to lithic material from underwater, open-air and cave sites.•Importance of underwater research for further development of Paleolithic archaeology.
This paper presents the investigation methodology and results of analyses of lithic material from Kaštel Štafilić – Resnik (Dalmatia, Croatia), the first systematically explored underwater Middle Paleolithic site in the central Mediterranean and southeastern Europe. The present site contains lithic elements from one or several open-air habitation sites from the time when the sea level was considerably lower than today. The archeological assemblage (Mousterian industry) and relative chronology indicate that almost all finds are contemporary with the Neandertals. The obtained results were compared to other Middle Paleolithic sites from the eastern Adriatic region. An integrative approach to lithic material from different types of sites (underwater, open-air, cave) provided better understanding of formation processes, a more complete picture of the region occupied by the Mousterian people, and clearer insight into their mobility patterns. Given this new evidence, it has become clear that the Neandertals of the Adriatic region controlled a much larger range of territory than previously documented.
Kaštel Štafilić – Resnik prvi je sustavno istraživan podvodni paleolitički lokalitet u Hrvatskoj. Lokalitet je smješten u Kaštelanskom zaljevu u srednjoj Dalmaciji koja je, kao i cijeli jadranski ...bazen, prošla kroz geomorfološke promjene uzrokovane, među ostalim i marinskom transgresijom. Podizanje razine mora na prijelazu iz pleistocena u holocen utjecalo je na destrukciju pleistocenskih slojeva i potapanje lokaliteta. Nalazi su tipološki smješteni u mustjersku kulturu, uz iznimku nekolicine nalaza koji pripadaju gornjem paleolitiku. U radu su predstavljeni rezultati tehnološke i tipološke analize nalaza koje je prikupio I. Svilan u Kaštelanskom zaljevu i, po prvi puta, sirovinske analize litičkih nalaza iz sustavnih istraživanja, ali i iz zbirke I. Svilana, koji potvrđuju Kaštelanski zaljev kao mjesto boravka neandertalaca u srednjem paleolitiku.
Kaštel Štafilić – Resnik is the first underwater Paleolithic site in Croatia to be systematically investigated. The site is located in the Kaštela Bay in central Dalmatia which, like the rest of the Adriatic Basin, has undergone geomorphological changes caused, among other factors, by marine transgression. Sea level rise at the Pleistocene to Holocene transition destructively affected the Pleistocene strata and caused the submergence of the site. The lithic finds are typologically placed in the Mousterian culture, with the exception of a few finds belonging to the Upper Paleolithic. The paper presents the results of technological and typological analysis of findings collected by I. Svilan in Kaštela Bay and, for the first time, raw material analysis of lithic finds from systematic research but also from the collection of I. Svilan, which confirm that Neanderthals occupied Kaštela Bay during the Middle Paleolithic.
Since the seventies and the publication of James Boyd White's The Legal Imagination, the interdisciplinary study of literature and law has come to be widely featured in law school curricula around ...the globe and has fostered an interesting body of academic scholarship. Several critics, differing widely on countless other points, converge in full agreement on this one great benefit. ...again despite their divergent objectives, most law and literature proponents also concur that an injection of literary humanism into the legal profession acts essentially as a curative form of contumacy against the law's self-propagating tyranny over persons historically exiled to the margins of society. Ultimately, I will show how Forna's literature succeeds as a dramatic, humanized counterpart to the objective legal discourse of international humanitarian law, emphasizing both the implications of civil war for a civilian population and revealing some of the weaknesses of those humanitarian efforts that have sought to confront them. Since the beginning of the twentieth century, there has been a marked increase in civilian casualties during wartime. ...the rebels waged war against the civilian population through the perpetration of human rights abuses.
Foreword Shapiro, David M; Mccormick, Emily; Prossnitz, Annie
Northwestern University law review,
01/2020, Letnik:
115, Številka:
1
Journal Article
Recenzirano
"2 Many other jurists have recently joined the chorus, expressing grave concerns about long-term human isolation.3 Meanwhile, ever-mounting evidence shows that solitary confinement can induce and ...exacerbate severe mental illness, provoke self-mutilation and suicide, and cause the brain to literally shrink in physical size.4 Solitary confinement is known by many names-supermax prisons, disciplinary segregation, Special Housing Units (SHUs), Special Management Units (SMUs), and Administrative Segregation Units (ASUs or Ad-Seg), to list just a few. Mr. Thibodaux was right then-he's still right.10 Following opening remarks by Dean Kimberly A. Yuracko, speakers included: former prisoners who survived solitary confinement (Brian Nelson and Albert Woodfox), legal scholars who study incarceration and the Eighth Amendment (Sharon Dolovich, Jules Lobel, Judith Resnik, and John Stinneford), medical and psychological experts (Craig Haney and Brie Williams), the head of a state correctional system (Leann Bertsch), and advocates working to limit, if not eliminate, prolonged solitary confinement (Amy Fettig, Maggie Filler, Daniel Greenfield, Alan Mills, Laura Rovner, and Margo Schlanger). 11 From English and American legal history, including the U.S. Supreme Court decision In re Medley,12 Professor Stinneford derives the rule that a prison condition amounts to a punishment if it: (1) was "historically used as a heightened form of punishment" or (2) "inflicts substantial suffering beyond what is normally imposed by a prison sentence. Through data collected from more than 9,000 lower court decisions, Professor Resnik and her coauthors show that while solitary confinement may be "normal" in U.S. prisons, courts and prison administrators alike have a key role to play in curtailing the practice.
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