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1,321 result(s) for "Ordinary law"
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Brennan and democracy
In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of \"constitutional democracy,\" a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model \"activist\" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government.
Machiavelli's ethics
Machiavelli's Ethics challenges the most entrenched understandings of Machiavelli, arguing that he was a moral and political philosopher who consistently favored the rule of law over that of men, that he had a coherent theory of justice, and that he did not defend the \"Machiavellian\" maxim that the ends justify the means. By carefully reconstructing the principled foundations of his political theory, Erica Benner gives the most complete account yet of Machiavelli's thought. She argues that his difficult and puzzling style of writing owes far more to ancient Greek sources than is usually recognized, as does his chief aim: to teach readers not how to produce deceptive political appearances and rhetoric, but how to see through them. Drawing on a close reading of Greek authors--including Thucydides, Xenophon, Plato, and Plutarch--Benner identifies a powerful and neglected key to understanding Machiavelli.
American Constitutionalism
Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics.
Fighting words
Should \"hate speech\" be made a criminal offense, or does the First Amendment oblige Americans to permit the use of epithets directed against a person's race, religion, ethnic origin, gender, or sexual preference? Does a campus speech code enhance or degrade democratic values? When the American flag is burned in protest, what rights of free speech are involved? In a lucid and balanced analysis of contemporary court cases dealing with these problems, as well as those of obscenity and workplace harassment, acclaimed First Amendment scholar Kent Greenawalt now addresses a broad general audience of readers interested in the most current free speech issues.
What is Hate Speech? The Case for a Corpus Approach
Contemporary public discourse is saturated with speech that vilifies and incites hatred or violence against vulnerable groups. The term “hate speech” has emerged in legal circles and in ordinary language to refer to these communicative acts. But legal theorists and philosophers disagree over how to define this term. This paper makes the case for, and subsequently develops, the first corpus-based analysis of the ordinary meaning of “hate speech.” We begin by demonstrating that key interpretive and moral disputes surrounding hate speech laws—in particular, surrounding their compatibility with the rule of law, democracy, and free speech—depend crucially on the ordinary meaning of “hate speech.” Next, we argue, drawing on recent developments in legal philosophy, that corpus linguistics constitutes a distinctively promising tool for ascertaining the ordinary meaning of “hate speech.” Finally, we offer a proof of concept, by outlining, and analyzing the interpretive and moral implications of, the first such study.
idopNetwork: A network tool to dissect spatial community ecology
Network models have been used as a tool to characterize internal workings of complex systems. The amount of topological and functional information extracted from a network depend on the method of network inference and the type of network data. An interdisciplinary computational model has been proposed to reconstruct informative, dynamic, omnidirectional and personalized networks (idopNetwork) from any data domains including static data. We implement idopNetwork as an R‐based cartographic tool to characterize spatially varying interspecies interaction networks using the abundance data of multiple species from different geographical locations. This tool provides a unified framework for integrating power curve fitting based on allometrical scaling law, functional clustering, LASSO‐based variable selection, quasi‐dynamic ordinary differential equation solving, species abundance decomposition and network visualization. It coalesces all species from different spaces into location‐specific networks. We demonstrate the utility of this tool by analysing different organs that are spatially interconnected via microbiomes within the host using two datasets from the gut microbiota and plant microbiota. Given that biodiversity and organization vary biogeographically at different scales, idopNetwork will find its widespread application to modelling and estimating interspecific interactions with differing functions across space. 摘要 网络模型已被用作表征复杂系统内部工作的工具。而从网络中提取的拓扑和功能信息量取决于网络推理的方法和网络数据的类型。 本文提出了一种跨学科的计算模型,能从任何数据域(包括静态数据)重建信息丰富(informative),动态(dynamic),全方位(omnidirectional)以及个性化(personalized)的网络(idopNetwork。 本研究将idopNetwork实现为基于R的绘图工具,使用来自不同空间位置的多个物种的丰度数据来构建表征空间变化的种间相互作用网络。该工具提供了一个统一的框架,集成了包括基于异速生长的曲线拟合、功能聚类、基于LASSO的变量选择、拟动态常微分方程求解、物种丰度分解和网络可视化,以将不同空间的物种集合到特定位置的网络中。 本研究通过使用来自肠道微生物群和植物微生物群的两个数据集,分析宿主体内不同器官通过微生物群在空间上相互连接以证明该工具的实用性。鉴于生物多样性和组织在不同尺度的生物地理上有所不同,idopNetwork将广泛应用于建模和估算物种间的交互作用,挖掘其跨空间的不同功能。
Abundant solitary wave solutions to an extended nonlinear Schrödinger’s equation with conformable derivative using an efficient integration method
The prevalence of the use of mathematical software has dramatically influenced the evolution of differential equations. The use of these useful tools leads to faster advances in the presentation of numerical and analytical methods. This paper retrieves several soliton solutions to the fractional perturbed Schrödinger’s equation with Kerr and parabolic law nonlinearity, and local conformable derivative. The method used in this article, called the generalized exponential rational function method, also relies heavily on the use of symbolic software such as Maple. The considered model has prominent applications in water optical metamaterials. The method retrieves several exponential, hyperbolic, and trigonometric function solutions to the model. The numerical evolution of the obtained solutions is also exhibited. The resulted wide range of solutions derived from the method proves its effectiveness in solving the model under investigation. It is also recommended to use the technique used in this article to solve similar problems.
Promising directions of machine learning for partial differential equations
Partial differential equations (PDEs) are among the most universal and parsimonious descriptions of natural physical laws, capturing a rich variety of phenomenology and multiscale physics in a compact and symbolic representation. Here, we examine several promising avenues of PDE research that are being advanced by machine learning, including (1) discovering new governing PDEs and coarse-grained approximations for complex natural and engineered systems, (2) learning effective coordinate systems and reduced-order models to make PDEs more amenable to analysis, and (3) representing solution operators and improving traditional numerical algorithms. In each of these fields, we summarize key advances, ongoing challenges, and opportunities for further development.
Numerical Investigation on the Swimming of Gyrotactic Microorganisms in Nanofluids through Porous Medium over a Stretched Surface
In this article, the effects of swimming gyrotactic microorganisms for magnetohydrodynamics nanofluid using Darcy law are investigated. The numerical results of nonlinear coupled mathematical model are obtained by means of Successive Local Linearization Method. This technique is based on a simple notion of the decoupling systems of equations utilizing the linearization of the unknown functions sequentially according to the order of classifying the system of governing equations. The linearized equations, that developed a sequence of linear differential equations along with variable coefficients, were solved by employing the Chebyshev spectral collocation method. The convergence speed of the SLLM technique can be willingly upgraded by successive applying over relaxation method. The comparison of current study with available published literature has been made for the validation of obtained results. It is found that the reported numerical method is in perfect accord with the said similar methods. The results are displayed through tables and graphs.
Capillary rise in sharp corners: not quite universal
We study the capillary rise of viscous liquids into sharp corners formed by two surfaces whose geometry is described by power laws $h_i(x) = c_i x^n$, $i = 1,2$, where $c_2 > c_1$ for $n \\geq 1$. Prior investigations of capillary rise in sharp corners have shown that the meniscus altitude increases with time as $t^{1/3}$, a result that is universal, i.e. applies to all corner geometries. The universality of the phenomenon of capillary rise in sharp corners is revisited in this work through the analysis of a partial differential equation for the evolution of a liquid column rising into power-law-shaped corners, which is derived using lubrication theory. Despite the lack of geometric similarity of the liquid column cross-section for $n>1$, there exist a scaling and a similarity transformation that are independent of $c_i$ and $n$, which gives rise to the universal $t^{1/3}$ power law for capillary rise. However, the prefactor, which corresponds to the tip altitude of the self-similar solution, is a function of $n$, and it is shown to be bounded and monotonically decreasing as $n\\to \\infty$. Accordingly, the profile of the interface radius as a function of altitude is also independent of $c_i$ and exhibits slight variations with $n$. Theoretical results are compared against experimental measurements of the time evolution of the tip altitude and of profiles of the interface radius as a function of altitude.