Theoretical Disagreement,Legal Positivism,and Interpretation

Ronald Dworkin famously argued that legal positivism is a defective account of law because it has no account of Theoretical Disagreement. In this article I argue that legal positivism—as advanced by H.L.A. Hart—does not need an account of Theoretical Disagreement. Legal positivism does, however, need a plausible account of interpretation in law. I provide such an account in this article.     

The Impact of Psychosocial and Contextual Factors on Individuals Who Sustain Whiplash-Associated Disorders in Motor Vehicle Collisions

Motor vehicle collisions (MVCs) are very common, and they often result in neck and shoulder injuries that are referred to as whiplash-associated disorders (WAD). The largest percentage of WAD are relatively minor and do not reveal any evidence of objective, structural pathology. However, for a substantial percentage of individuals, WAD evolves into chronic, disabling conditions characterized by pain and other symptoms. A range of pre-morbid, collision-related, biomechanical, and psychosocial responses to the MVC have been investigated to determine the manner in which these responses serve to exacerbate and maintain WAD symptoms. In this article, we review the literature investigating these potential causal, amplifying, and perpetuating factors from a biopsychosocial perspective. We emphasize the range of psychological factors and the post-MVC legal and compensation factors that have been identified as significant contributors to the persistence of symptoms and ensuing disability. We highlight the ways in which psychological and legal factors need to be integrated with biological factors to better understand and prevent WAD and treat individuals who experience WAD to reduce chronicity and disability.     

Measuring the effectiveness of competition in defense procurement: A survey of the empirical literature

This article surveys the empirical literature that has attempted to measure the effects of competition in defense procurement. Its focus is on the conceptual underpinnings of the empirical models rather than on the technical aspects of the estimation procedures. While the empirical studies provide some valuable insight, the studies are flawed because they assume an implicit model of the procurement environment that is inconsistent with reasonable economic behavior on the part of defense contractors and seems to be contradicted by the evidence. In general, the predictive power of the empirical models is also limited by a program-by-program estimation approach in which only a handful of data points are available to estimate two or more parameters. These empirical models could be improved by the use of structural models that assume reasonable economic behavior and provide a theoretical basis for cross-program analyses.     

Intergovernmental grants and successful tax limitation referenda

Analyses of fiscal limitation referenda have typically ignored the role of institutional structure in referenda outcomes. This article demonstrates the importance of such structure through the investigation of intergovernmental grants in a model of federal tax rate determination. Tax limitation referenda are shown to depend upon both the use of tax rates as a grant disbursement criterion as well as the size of the proposed tax cut.     

Intellectual property strategies for US security and privacy

Legal context. Some state legislatures are considering billswhich would require those applying for a driver’s licenceto provide one or more biometric identifiers. The US federalgovernment is tending towards eavesdropping on conversationsand investing in data mining efforts while on the other handanti "big-brother" technologies are also emerging to counterthis trend and protect privacy. The demand for technology toprotect privacy will no doubt increase as the demand for defenceand security spending increases. We also live in a world wherebioterrorist acts are a constant threat and therefore demandfor biological detection devices and nanotechnology is growingdaily. Key points. Current technology advances in biometrics, surveillance,biological detection and nanotechnology can be used both toprotect and to jeopardize the security and privacy of individuals.As such, the importance of intellectual property in these areascannot be underestimated. Practical significance. Companies are advised to ‘go onthe offensive’. All companies should aggressively protecttheir core technology in numerous facets such as patent protection,copyright, trade marks and trade secrets. In the high tech arenathis is especially important because the demand for securityand privacy necessitates the development of advanced applicationsand in turn the quality of protectable IP for the companiesthat develop the technology increases. Additionally, companiesshould also pursue an offensive strategy that includes analyzingemerging standards and competitor focus so that they can acquirea competitive advantage or secure cross-licensing of another’stechnology.