In the United States, constitutions and statutes are structured in a way that allows citation of relevant provisions without regard to how any particular version or edition has been printed. In this fundamental sense, they are and long have been vendor- and medium-neutral. That is because articles, sections, clauses, and subsections rather than volumes and page numbers identify specific passages. This holds for such similar legal materials as local ordinances, on the one hand, and international agreements, on the other. While these several types of legal materials share this structural quality, constitutions and statutes differ dramatically from one another in a key respect – frequency of change. The compiled enactments of Congress and the legislatures of the states are constantly subject to amendment. This reality raises a risk, albeit not a large one in most situations, that the text of the statute to which a writer refers and the text consulted by a reader following the writer's citation, at some later date, may be different. The risk is a consequence of the possibility of intervening legislative change per se and also by the amount of time it took the respective publishers or disseminators to enter the change in their statutory compilations. Addressing this possibility calls for both writer and reader to pay serious attention to the date of the compilation relied on by the writer. That information must be delivered in some non-ambiguous fashion by a statutory citation, while references to provisions of the U.S. Constitution or a decision of the Supreme Court have, in the typical case, no reason to indicate the currency of the edition, collection, or compilation relied upon by the writer.
It is almost a sociological necessity . . . for a precedent system of some sort to arise in situations where the legislature has given no directives (or when those directives are overtaken by changing circumstances and the conflicts they engender). Judges must be economical with their energies. They all find it hard to decide difficult cases. It is much easier to follow an earlier decision. Also, a wise judge is held in high regard. His decisions linger in the mind, and other judges feel compelled to give a like judgment in a like case. Besides this, there is that remarkable, widespread basic sense of justice which requires that like cases be treated alike. Be that as it may, the upshot is that, at a minimum, some kind of precedential law must arise once there are professional judges and written records, and then add to that professional lawyers, and then the modern industrial state. Precedent systems, though, can be rigid or relaxed, fixed or fluctuating, regulated or unregulated. . . . In any event, this process was substantially furthered by the introduction of written pleadings in the 16th century—soon followed by a requirement that the specific point at issue be unalterably set before trial. Once this happened, a court’s opinions could be read with reference to definite fact situations, thereby making the scope of precedent ascertainable with greater precision than before. Toward the end of the sixteenth century the system of “Reporters”—that is, printed collections of holdings and opinions—also began to take on great significance. . . . Even so, it was not until the close of the eighteenth century that the now-orthodox theory of truly binding precedent began to be worked out and regulated by appellate review. Id. For one definition of “precedent,” see infra note 189.
Each share class of a Fund, or unit class in the case of FTSE Unit Trust Funds, has an Ongoing Charges Figure (OCF) which is based on projected expenses for a given period. We review these projections regularly to make sure they are appropriate. The OCF covers administration, audit, depositary, legal, registration and regulatory expenses incurred in respect of the Funds. The Funds’ Authorised Corporate Director or the Managers for Vanguard Investment Series and Vanguard Funds plc will usually pay those fees out of its periodic annual management charge (AMC), which means that the OCF will normally equal the AMC. There may, however, be certain extraordinary expenses which cause the OCF to exceed the AMC. The OCF does not include portfolio transaction costs incurred by a Fund or the cost of subscribing for, or redeeming, shares or units in a Fund.
The basic processes of electronic research can be combined not only with each other but with finding aids such as headnotes, topics and key numbers, statute annotations, tables of contents, and indexes that also exist on the legal research platform. Although some of these may at first seem like outdated holdovers from a print-based world, these finding aids are still extremely useful as they provide alternative research entry points and research tracks when the other research processes fall short. Statute annotations remain an important finding aid for identifying relevant cases in electronic legal research; on Westlaw and Lexis Advance they are called “Notes of Decisions”. On Westlaw they are located on their own tab above the statute text; on Lexis Advance they are located below the text of the statute. Bloomberg Law does not provide statute annotations. Note that the cases listed in the Notes of Decisions are only a subset of the cases identified in the statute’s citing references. The citing references to a statute contain a complete list of every case on that legal research platform that cites back to that statute. By contract, the Notes of Decisions only contain cases that the Westlaw and Lexis Advance editors decided were important enough to highlight and summarize for the researcher. This often makes them a good starting point when looking for cases that apply a statute in particular circumstances.
1. Understand the changing interpretations of the Bill of Rights over time, including interpretations of the basic freedoms (religion, speech, press, petition, and assembly) articulated in the First Amendment and the due process and equal-protection-of-the- law clauses of the Fourteenth Amendment.
1.1 The Town of Griswold, CT (“the Town”) is interested in receiving proposals from professional and qualified Ambulance Service Providers, which includes the provision of Advanced Life Support Care (“ALS”) and Basic Life Support Care (“BLS”). The selected provider will be the primary provider of ambulance service, and shall respond to all ambulance calls within the geographic boundaries of the Town. Alternatively, the selected provider will be the primary provider of
It is hoped that this article has given a basicintroduction to citation analysis, indicating as it does some of the terms involved and the caveats about the use of citations. It also provides an analysis of four of the main tools which can be used for citation analysis. In section two the theory is put into practice with a comparative analysis in tabular form of the top fifty journals ranked by the ISI JCR 5-year Impact Factor. In its footnotes the table also provides explanations of the calculations used for the various statistics.
BRK shall not be liable for any incidental or consequential damages caused by the breach of any express or implied warranty. Except to the extent prohibited by applicable law, any implied warranty of merchantability or fitness for a particular purpose is limited in duration to the duration of the above warranty. Some states, provinces or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts, so the above limitations or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state or province to province.
In their classical works on argumentation the philosophers Chaïm Perelman and Stephen Toulmin presented the procedures and practices of legal reasoning as a model for a rational practice of argumentation. In the 50 years since the publication of Perelman and Olbrechts-Tyteca's La nouvelle rhétorique, Traité de l'argumentation (1958) and Toulmin's The uses of argument (1958) argumentation theorists and informal logicians have developed models for the analysis and evaluation of argumentation in the practical sphere, among them models for legal argumentation. Since argumentation theory and informal logic have become disciplines that have developed their own models of rational argumentation, it seems a good moment to have a closer look at how these models can be applied to legal argumentation and how they can be used to show the strengths and weaknesses of the practices of legal argumentation.
One of the advantages of Stata is its vast graphics capabilities. On the other hand, commands for comprehensive graphs can get quite long, and it takes some time to get used to the code structure. Using dialog boxes might have an advantage in certain cases. The starting point for learning about graphs is help graph . Besides, Stata help offers a separate tutorial for basic graphs that can be accessed with help graph_intro . An example for a simple bar graph of the variables pop_north and pop_south would be:
Citation analysis is widely used in the assessment of research performance in the medical sciences (Patel et al., 2011). Especially the h-index (Hirsch, 2005) and the impact factor (Chew et al., 2007; Garfield, 1996, 2006) are extremely popular bibliometric indicators. However, the use of these indicators for performance assessment has important limitations. In particular, both the h-index and the impact factor fail to take into account the enormous differences in citation practices between fields of science (e.g., Radicchi, Fortunato, & Castellano, 2008). For instance, the average length of the reference list of a publication is much larger in molecular biology than in mathematics. As a consequence, publications in molecular biology on average are cited much more frequently than publications in mathematics. This difference can be more than an order of magnitude (Waltman, Van Eck, Van Leeuwen, Visser, & Van Raan, 2011a).
Unfortunately, the poor, unbalanced teaching of many church leaders and the hypocrisy of professing Christians continues to contribute to the postmodern skepticism of the miraculous and bold claims of Christianity. As a result, there is an increasing need for believers to be acquainted with a general overview of the basic doctrines of Scripture and the concept of the Christian life. The aim of this course is to give a rational and practical overview of Christian doctrine so that the modern mind can understand what Christianity is all about. In contrast to other courses that attempt to defend Christianity against opposing worldviews and religions, this course focuses on familiarizing students with the basic tenets of the Christian faith.
A mathematical interesting issue related to the basic reproduction number lies in the study of the time symptotic properties of the solutions of the epidemmic dynamical systems. Indeed, the next generation matrix ensures that, for the ODEs systems and under suitable assumptions (see Section 2), the DFE is locally asymp- totically stable when R 0 < 1. But what could be the behavior of the infected curve when R 0 > 1, would it
VI. BASIC PHYSICS OF SET OPERATION Single Electron Transistor [SET] have been made with critical dimensions of just a fewnanometer using metal, semiconductor, carbon nanotubes or individual molecules. A SET consist of a small conducting island [Quantum Dot] coupled to source and drain leads by tunnel junctions and capactively coupled to one or more gate. Unlike Field Effect transistor, Single electron device based on an intrinsically quantum phenomenon, the tunnel effect. The electrical behaviour of the tunnel junction depends on how effectively barrier transmit the electron wave, which