Supervening Impossibility of Performing Conditions Precedent

Material Dissipative Conditions and the Impossibility of Complete Recycling

The preservation of the natural environment requires a reduction in material intensity of economic systems. Recycling is a major method for meeting this requirement. One of the most appropriate formulations for economic recycling models is the introduction of recycling sectors and joint production of waste materials. The models are generally checked for the feasibility of net-production. Such m...

Unit precedent

Precedent in the Making

The Result Model of Precedent

The result model of precedent holds that a legal precedent controls a fortiori cases— those cases, that is, that are at least as strong for the winning side of the precedent as the precedent case itself. This paper defends the result model against some objections by Larry Alexander, drawing on ideas from the field of Artificial Intelligence and Law in order to define an appropriate strength ord...

Constitutional Precedent of Amicus Briefs

We investigate shared language between U.S. Supreme Court majority opinions and interest groups’ corresponding amicus briefs. Specifically, we evaluate whether language that originated in an amicus brief acquired legal precedent status by being cited in the Court’s opinion. Using plagiarism detection software, automated querying of a large legal database, and manual analysis, we establish seven...