...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.
Professor Brooke Coleman has carefully tracked rule-makers' attempts to manage this discontent, accurately observing that for several decades "the Civil Rules Committee has been occupied with how to ...fix civil discovery"4 Despite amendments to the Federal Rules of Civil Procedure that took effect in 1983, 1993, 2000, and 2006, the view persisted among judges, lawyers, and academics "that the civil justice system was still in a crisis, and that discovery was a major cause of this discord. Around the same time, a group of experienced lawyers from both sides of the "v.," working closely with the Institute for the Advancement of the American Legal System (IAALS), developed a pattern discovery protocol for use in adverse action employment discrimination cases.6 This pilot program began in late 2011 and ultimately involved more than 50 federal district judges handling almost 500 cases across ten districts.7 While the study found no statistically significant difference in case-processing times between the pilot cases and comparison cases, it appears that pilot cases were more likely to settle.8 These protocols remain in use in some districts.9 The larger project emerging from the 2010 Duke Conference culminated in the 2015 amendments to Rules 26 and 37. In this volume, Judges Kuhl and Highberger have brought their decades of experience managing complex cases in the nation's single-largest unified court system to bear in a significant contribution to the discussion.14 The judicial role in the largest case agglomerations in both state and federal court is too substantial to be described by any other term than "managerial."
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.
PDF
