On Giving Legal Form Its Due. A Study in Legal Theory

Abstract.  The four theses of this paper are: (1) that an appropriate organizational form is used to design, define, and organize a functional unit of a legal system, (2) that the functional units of a legal system, contrary to the emphasis in Hart and Kelsen, consist of far more than rules, and include institutions, interpretive and other methodologies, sanctions and remedies, and more, (3) that frontal and systematic study of the forms of these units is a major avenue for advancing understanding of them as duly organized wholes, and, (4) that such study reveals that much credit is due these forms, along with complementary material or other components of the units, for values realized through law.     

Forensic neuropsychology and the criminal law

This article explores theoretical and empirical issues in the application of clinical neuropsychological evidence to forensic issues in the criminal law. The nature of forensic neuropsychological evaluations is discussed with reference to issues of competency to stand trial, criminal responsibility, and other competencies in the criminal process. Examples of specific disorders relevant to criminal law standards are presented, together with data estimating the prevalence of brain dysfunction in criminal and forensic populations. Research is also reviewed on the role of neuropsychological brain dysfunction in the etiology of violence and criminally relevant behavior. Finally, empirical and ethical issues concerning the applicability and admissibility of forensic neuropsychological data in the criminal context are discussed.     

Technology policy and defense conversion in Israel, 1967–1995

Technology policies and their effect on technology transfer from defense to civilian industries in Israel from 1967 to 1995 are explored. Defense technology policy is found to drive the growth of the defense industry and to limit defense conversion to commercialization initiatives developed primarily through intra-organizational technology transfer. The case of the Israel Aircraft Industries (IAI) is presented. Also the development of national technology policy in Israel is traced and found wanting. Civilian and defense technology policies are found to be uncoordinated with each other and together are incapable of producing interorganizational technology transfer so as to significantly effect defense conversion on a wide number of economic actors particularly small firms. To achieve a socially effective defense conversion process (in which technologies are transferred from defense firms to many economic actors), the analysis suggests that a national technology policy should be designed and implemented under Prime Minister's leadership.     

Regulatory Risk Management of Psychoactive Substances

Congress and the Drug Enforcement Administration have assigned certain psychoactive substances to one of five schedules, based on assumed or demonstrated abuse potential. Although formidable difficulties exist in assessing the hazards of drug use, some of these assignments do not appear consistent with empirical estimates. This mismatch of assignment and abuse potential -possibly due to "radical" political ideology - obscures significant differences in drug effects, and therefore stifles meaningful public participation in evaluating the benefits, risks, and proper use (if any) of available psychoactive substances.