Free Market Anti-Formalism: The Case of Richard Posner

This paper analyses the impact of the Law and Economics movement on legal decision making. Focussing on the position of the leading intellectual figure of this movement, Richard Posner, the author shows how his theories imply a silent revolution in American jurisprudence. Starting from the criteria of economic efficiency and wealth maximization, seen in the light of American pragmatism, Posner upholds anti-formalist interpretation of statutor law by judges based on the principles of free market economics. His theory starts from the assumption that statutor law has become more and more ambiguous and open-ended and thus, as in the case of antitrust law, judges can freely interpret legal provisions on the basis of free market postulates. This position has broader implications in the debate about the meaning of the rule of law: Posner's position implies abandoning the emancipatory core of the liberal tradition.     

Symptom Checklist‐90‐Revised Scores in Adult Children Exposed to Alienating Behaviors: An Italian Sample

This study addresses a particular form of child psychological maltreatment, exposing a child to alienating behaviors in the context of a high degree of conflict between the parents. The objective of this research was to identify retrospectively the alienating behaviors that occurred in an Italian sample of children and the reported associated psychosocial symptoms. Seven hundred and thirty‐nine adults in Chieti, Italy, completed an anonymous and confidential survey regarding their childhood exposure to parental alienating behaviors and measures of current symptomatology. About 75% of the sample reported some exposure to parental alienating behaviors; 15% of the sample endorsed the item, “tried to turn me against the other parent.” The results revealed strong and statistically significant associations between reported exposure to parental alienating behaviors and reports of current symptomatology.     

Cloud forecasting: Legal visibility issues in saturated environments

The advent of cloud computing has brought the computing power of corporate data processing and storage centers to lightweight devices. Software-as-a-service cloud subscribers enjoy the convenience of personal devices along with the power and capability of a service. Using logical as opposed to physical partitions across cloud servers, providers supply flexible and scalable resources. Furthermore, the possibility for multitenant accounts promises considerable freedom when establishing access controls for cloud content. For forensic analysts conducting data acquisition, cloud resources present unique challenges. Inherent properties such as dynamic content, multiple sources, and nonlocal content make it difficult for a standard to be developed for evidence gathering in satisfaction of United States federal evidentiary standards in criminal litigation. Development of such standards, while essential for reliable production of evidence at trial, may not be entirely possible given the guarantees to privacy granted by the Fourth Amendment and the Electronic Communications Privacy Act. Privacy of information on a cloud is complicated because the data is stored on resources owned by a third-party provider, accessible by users of an account group, and monitored according to a service level agreement. This research constructs a balancing test for competing considerations of a forensic investigator acquiring information from a cloud.     

Explaining Rivalry Escalation to War: Space, Position, and Contiguity in the Major Power Subsystem

Vasquez's (1996) rivalry escalation theory stressed territorial disputes as the principal focus for a two-path explanation of war. Neighbors fight over adjacent space and non-neighbors sometimes join ongoing wars between neighbors. But major powers are also much concerned with positional issues. Expanding the war motivation focus to encompass both spatial and positional issues facilitates the development of a new, more elaborate theory from which several new hypotheses can be derived, in addition to the older ones. Testing of the new theory can also proceed with rivalry data not based on dispute density measures, different types of contiguity can be assessed, and the presence of spatial-positional issues can be measured directly, as opposed to relying on a proximity proxy. The empirical outcome strongly supports the two-path, two-issue theory. In the major power subsystem, noncontiguous rivals outnumber contiguous rivals, dyadic wars are scarce, and war joining has been the norm. Spatial issues alone would have a hard time accounting for this pattern. Variable mixes of spatial and positional issues are able to account for it and a number of derived hypotheses reasonably well. This is not the last word on rivalry escalation to war but it appears to be an additional step in the right direction.