Law As Craft
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The Virtue of Vulnerability
THE VIRTUE OF VULNERABILITY Nathalie Martin* My vulnerability to my own life is irrefutable. Nor do I wish it to be otherwise, As vulnerability is a guardian of integrity. Anne Truitt, sculptor and psychologist Ten years ago, vulnerability scholar Martha Fineman began examining how vulnerability connects us as human beings and what the universal human condition of vulnerability says about the obligations of the state to its institutions and individuals.1 Central to Fineman’s work is recognition that vulnerability is universal, constant, and inherent in the human condition.2 Fineman has spent the past decade examining how structures of our society will manage our common vulnerabilities, in hopes of using these vulnerabilities to move society toward a new vision of equality.3 While Fineman focuses on how vulnerability can transform society as a whole, here I examine the role of vulnerability in transforming individual relationships, particularly the attorney-client relationship. I argue that lawyers can benefit greatly by showing their vulnerabilities to clients. As a common syllogism goes, “All men are mortal. Socrates is a man. Therefore, Socrates is mortal.”4 Similarly, we could say that a particular * I am grateful for Nancy Huffstutler, who first brought the virtue of vulnerability into my conciseness, to my colleagues Jennifer Laws and Ernesto Longa for their fine research assistance, my friend John Brandt for teaching me what doctors know about vulnerability, for my friends Jenny Moore and Fred Hart, and my beautiful husband Stewart Paley. I also thank my wonderful editor, William Dietz. 1. Martha A. Fineman, The Vulnerable Subject: Anchoring Equality in the Human Condition, 20 YALE J.L. -
January 2000 Popular Woodworking
Popular Woodworking ® www.popularwoodworking.com 42 62 In This Issue Best New 37 Tools of 1999 Before you buy another tool, check out our picks of the 12 best new tools of the year. The Amazing Rise of 42 Home Woodworking You probably think you work 56 54 wood to relax or make furniture for your loved ones. The real reason you’re a woodworker is there are powerful and inexpen- sive machines now on the mar- ket and the fact that people have the money to buy them. 37 By Roger Holmes Table Saw Tenon Jig 52 With many woodworking jigs, simplicity is best. Cabinetmaker Glen Huey shows you how to build the tenoning jig he uses everyday to make tenons and even sliding dovetails. By Glen Huey 58 2 POPULAR WOODWORKING January 2000 America’s BEST Project Magazine! In Every Issue Out On a Limb 6 Welcome Aboard Letters 8 Mail from readers Endurance Test 18 Marples Blue Chip Chisels Flexner on Finishing 22 Why water-based finishes haven't caught on yet Projects From 28 the Past Modular Table and Chairs 52 Tool Test 30 New nailers from Porter-Cable, new Skil drills, Dremel’s new scrollsaw and the Osborne miter guide for your table saw 80 Caption the Cartoon 56 Step Tansu 66 The Incredible Tilting Win a set of Quick Grip clamps Inspired by the traditional cabi- Router Stand Tricks of the Trade netry of Japan, this chest can be Stop busting your knuckles and 84 Custom marking gauges,build your pressed into service in almost any straining your back when you ad- own assembly hammer room of your house. -
Some Comments on Obscenities, Health and Safety, and Workplace Values
Buffalo Law Review Volume 34 Number 3 Article 5 10-1-1985 Some Comments on Obscenities, Health and Safety, and Workplace Values Robert J. Rabin Syracuse University School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Dispute Resolution and Arbitration Commons, First Amendment Commons, and the Labor and Employment Law Commons Recommended Citation Robert J. Rabin, Some Comments on Obscenities, Health and Safety, and Workplace Values, 34 Buff. L. Rev. 725 (1985). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol34/iss3/5 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. Some Comments on Obscenities, Health and Safety, and Workplace Values ROBERT J. RABIN* I see a common and very fundamental issue in both articles. It has to do with how we view the workplace. Do we see it through the eyes of the worker on the shop floor (or teacher in the classroom, or violist in the symphony orchestra), or from the perspective of those who manage the enterprise? Are we con- cerned with how it feels to be a worker, who must cope with stress and deal with uncertainty, or do we think more about the ability of the enterprise to compete and the investor to secure a profita- ble return? Let me begin with the Atleson piece, and offer some observa- tions from my own experience. -
Holmes, Cardozo, and the Legal Realists: Early Incarnations of Legal Pragmatism and Enterprise Liability
Holmes, Cardozo, and the Legal Realists: Early Incarnations of Legal Pragmatism and Enterprise Liability EDMUND URSIN* TABLE OF CONTENTS I. INTRODUCTION .................................................................................................. 538 II. SETTING THE STAGE: TORT AND CONSTITUTIONAL LAW AT THE TURN OF THE TWENTIETH CENTURY ............................................................................ 545 III. HOLMES AND THE PATH OF THE LAW ................................................................. 550 A. Holmes and the Need for Judicial Creativity in Common Law Subjects ............................................................................................ 550 B. The Path Not Followed ............................................................................ 554 IV. THE INDUSTRIAL ACCIDENT CRISIS, THE WORKERS’ COMPENSATION SOLUTION, AND A CONSTITUTIONAL CONFRONTATION ....................................... 558 A. The Industrial Accident Crisis and the Workers’ Compensation Solution ............................................................................ 558 * © 2013 Edmund Ursin. Professor of Law, University of San Diego School of Law. Thanks to Richard Posner for valuable comments on an earlier draft of this Article and to Roy Brooks and Kevin Cole for always helpful comments on previous articles upon which I expand in this Article. See Edmund Ursin, Clarifying the Normative Dimension of Legal Realism: The Example of Holmes’s The Path of the Law, 49 SAN DIEGO L. REV. 487 (2012) [hereinafter Ursin, Clarifying]; -
Skilled Tradesman – Painter/Carpenter Jd Locator: 4.22.2
MAINTENANCE WORKER – SKILLED TRADESMAN – JD LOCATOR: 4.22.2 PAINTER/CARPENTER Adopted: _____ Revised: 8/02, 9/09 REPORTS TO: Director of Maintenance/Facility Safety Advisor CLASSIFICATION: Classified FLSA STATUS: Non-Exempt TERMS OF EMPLOYMENT: Salary and work year as reviewed and established annually by the Board of Education EVALUATION: Performance of this position will be evaluated regularly in accordance with the Board’s policy on the evaluation of classified staff. JOB SUMMARY To perform maintenance work which will help to maintain the school district’s buildings, grounds, and equipment in the best working order possible. To help provide a safe learning environment for the students of the Waynesville R-VI School District. The information contained in this job description is for compliance with the Americans with Disabilities Act (A.D.A.) and is not an exhaustive list of the duties performed for this position. Additional duties are performed by the individual holding this position and additional duties may be assigned. ESSENTIAL DUTIES AND RESPONSIBILITIES NOTE: Reasonable accommodations will be made, if necessary, to enable individuals with disabilities to perform the essential functions. 1. Fulfills all responsibilities as set in the general maintenance description when assigned by the Maintenance Director. 2. Performs carpentry repairs and new construction of various buildings, instructional systems, and athletic fields. 3. Performs repairs on blinds, shades, locks, lockers, furniture, and doors. 4. Installs and repairs floor tiles, ceiling tiles, glass, playground equipment, athletic equipment, and others. 5. Performs painting, plastering, and installs wall coverings. 6. Repairs roof leaks. 7. Responds to trouble calls as may occur during normal working hours. -
National Service & Maintenance Agreement
NatioNal Service&MaiNteNaNce agreeMeNt EFFECTIVE DATES AUGUST 1, 2015 JULY 31, 2020 UnitedassociationofJourneymenandapprentices ofthePlumbingandPipeFittingindustryofthe UnitedStatesandcanada Three park Place Annapolis, MD 21401 (410) 269-2000 • www.ua.org MechanicalServicecontractorsofamerica 1385 Piccard Drive Rockville, MD 20850-4340 (301) 869-5800 • www.msca.org - NATIONAL SERVICE AND MAINTENANCE AGREEMENT Effective August 1, 2015 – July 31, 2020 UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA, AFL-CIO Three Park Place Annapolis, MD 21401 (410) 269-2000 www.ua.org MECHANICAL SERVICE CONTRACTORS OF AMERICA 1385 Piccard Drive Rockville, MD 20850 (301) 869-5800 www.msca.org TABLE OF CONTENTS PAGE ARTICLE I – Recognition Paragraph 2 ...................................................................................................................................... 1 ARTICLE II – Non-Discrimination Clause Paragraphs 3-4 ................................................................................................................................. 1 ARTICLE III – Management Rights Paragraphs 5-6 ................................................................................................................................ 2 ARTICLE IV – Union Security Paragraphs 7-8 ................................................................................................................................ 2 ARTICLE V – Union Representation and Access to Jobs Paragraph 9 .................................................................................................................................... -
Rules of Law, Laws of Science
Rules of Law, Laws of Science Wai Chee Dimock* My Essay is a response to legal realism,' to its well-known arguments against "rules of law." Legal realism, seeing itself as an empirical practice, was not convinced that there could be any set of rules, formalized on the grounds of logic, that would have a clear determinative power on the course of legal action or, more narrowly, on the outcome of litigated cases. The decisions made inside the courtroom-the mental processes of judges and juries-are supposedly guided by rules. Realists argued that they are actually guided by a combination of factors, some social and some idiosyncratic, harnessed to no set protocol. They are not subject to the generalizability and predictability that legal rules presuppose. That very presupposition, realists said, creates a gap, a vexing lack of correspondence, between the language of the law and the world it purports to describe. As a formal system, law operates as a propositional universe made up of highly technical terms--estoppel, surety, laches, due process, and others-accompanied by a set of rules governing their operation. Law is essentially definitional in this sense: It comes into being through the specialized meanings of words. The logical relations between these specialized meanings give it an internal order, a way to classify cases into actionable categories. These categories, because they are definitionally derived, are answerable only to their internal logic, not to the specific features of actual disputes. They capture those specific features only imperfectly, sometimes not at all. They are integral and unassailable, but hollowly so. -
Apprenticeship-Type Schemes and Structured Work-Based Learning Programmes Latvia
Apprenticeship-type schemes and structured work-based learning programmes Latvia This article on apprenticeship-type schemes and structured work-based learning programmes is part of a set of articles prepared within Cedefop’s ReferNet network. It complements general information on VET systems available online at http://www.cedefop.europa.eu/EN/Information-services/vet-in-europe-country- reports.aspx. ReferNet is a European network of national partner institutions providing information and analysis on national VET to Cedefop and disseminating information on European VET and Cedefop work to stakeholders in the EU Member States, Norway and Iceland. The opinions expressed in this article are not necessarily those of Cedefop. The article is based on a common template prepared by Cedefop for all ReferNet partners. The preparation of this article has been co-financed by the European Union and AIC. Authors: Zinta Daija, Baiba Ramina, Inga Seikstule © Copyright AIC, 2014 Contents A. Definitions and statistics / basic information ..................................................................... 2 A.1. Apprenticeship in crafts .................................................................................................... 2 A.2. Work-based learning pilot projects .................................................................................... 3 B. Specific features of the above schemes/programmes in Latvia in relation to the following policy challenges identified at the EU level ...................................................................... -
New Legal Realism at Ten Years and Beyond Bryant Garth
UC Irvine Law Review Volume 6 Article 3 Issue 2 The New Legal Realism at Ten Years 6-2016 Introduction: New Legal Realism at Ten Years and Beyond Bryant Garth Elizabeth Mertz Follow this and additional works at: https://scholarship.law.uci.edu/ucilr Part of the Law and Philosophy Commons Recommended Citation Bryant Garth & Elizabeth Mertz, Introduction: New Legal Realism at Ten Years and Beyond, 6 U.C. Irvine L. Rev. 121 (2016). Available at: https://scholarship.law.uci.edu/ucilr/vol6/iss2/3 This Foreword is brought to you for free and open access by UCI Law Scholarly Commons. It has been accepted for inclusion in UC Irvine Law Review by an authorized editor of UCI Law Scholarly Commons. Garth & Mertz UPDATED 4.14.17 (Do Not Delete) 4/19/2017 9:40 AM Introduction: New Legal Realism at Ten Years and Beyond Bryant Garth* and Elizabeth Mertz** I. Celebrating Ten Years of New Legal Realism ........................................................ 121 II. A Developing Tradition ............................................................................................ 124 III. Current Realist Directions: The Symposium Articles ....................................... 131 Conclusion: Moving Forward ....................................................................................... 134 I. CELEBRATING TEN YEARS OF NEW LEGAL REALISM This symposium commemorates the tenth year that a body of research has formally flown under the banner of New Legal Realism (NLR).1 We are very pleased * Chancellor’s Professor of Law, University of California, Irvine School of Law; American Bar Foundation, Director Emeritus. ** Research Faculty, American Bar Foundation; John and Rylla Bosshard Professor, University of Wisconsin Law School. Many thanks are owed to Frances Tung for her help in overseeing part of the original Tenth Anniversary NLR conference, as well as in putting together some aspects of this Symposium. -
Shipbuilding Industry
Spring 2014 Final Report Shipbuilding Industry The Dwight D. Eisenhower School for National Security and Resource Strategy National Defense University Fort McNair, Washington, D.C. 20319-5062 The views expressed in this paper are those of the author and do not reflect the official policy or position of the National Defense University, the Department of Defense or the U.S. Government 1 ABSTRACT The shipbuilding industry in the United States is uncompetitive globally and clings to life based on a law from 1920 and the government paying a premium for state of the art military vessels. Asian shipyards dominate the commercial market with United States facilities accounting for less than one percent of the world’s order book. Although the likelihood of another World War II type effort to mobilize the industrial capacity of the country to churn out thousands of ships is remote, it is in the strategic interests of the United States to enact policies to strengthen domestic shipbuilding capability and ensure a technological advantage is maintained in military shipbuilding. China, South Korea and Japan became world leaders in shipbuilding based on strategic decisions to execute a national strategy to have the industry become a pillar of their economic prosperity. The absence of a United States National Maritime Strategy has resulted in a gradual decline in commercial shipbuilding that is woefully uncompetitive on the international market. A robust effort to prioritize the shipping industry in the United States has potential for positive ripple effects that would benefit the country for generations. Most importantly, increased activity would make the purchase of government vessels more affordable, ensuring the country is able to field the maritime capability required to execute national objectives. -
Suggested Courses for Handicraft) an Area of Industrial Arts, for Schools in Thailand
SUGGESTED COURSES FOR HANDICRAFT) AN AREA OF INDUSTRIAL ARTS, FOR SCHOOLS IN THAILAND SUGGESTED COURSES FOR HANDICRAFT~ AN AREA OF INDUSTRIAL ARTS, FOR SCHOOLS IN THAILAND by TongpoonRuamsap II Bachelor of Science Oklahoma State University of Agriculture and Applied Science 1959 Submitted to the Faculty of the Graduate School of the Oklahoma State University of Agriculture and Applied Science;· in partial fulfillment of the requirements for-the degree of MASTER OF SCIENCE May, 1960 OKLAHOMA STATE UNIVERSITY LIBRARY SEP 2 1960 SUGGESTED COURSES FOR HANDICRAFT, AN AREA OF INDUSTRIAL ARTS , FOR SCHOOLS IN THAILAND TONGPOON RUAMSAP Master of Science 1960 THESIS APPROVED: Thesis Advisor, Associate Professor and Head, Department of Industrial Arts Education Dean of the Graduate School 452833 ii ACKNOWLEDG:MENT The author wishes to express his appreciation and grati tude to the following people who helped make this study possible. First to his advisor, Professor Cary L. Hill, Head, School of Industrial Arts Education, Oklahoma State University, for his kind and patient advice and assistance. Second, to Professor Mrs. Myrtle c. Schwarz for her kind assistance and encouragement. Third, to the State Superintendents of Public Instruction of the following states: Connecticut, Illinois, Kansas, Louisiana, Ohio, Virginia, and Wisconsin. Appreciation is extended t·o Professor John B. Tate and Professor L. H. Bengtson,·who gave kind instructions to the author throughout his study at Oklahoma State University. Tongpoon Ruamsap August, 1959 iii TABLE OF CONTENTS CHAPTER PAGE I., INTRODUCTION •••••_•&ct•o•••••e•• 1 Part A.. The General Scope of the Study. .. • • 3 The Origin of_th~ Study ........... .. " 3 Needs for the Study ......... -
Individual License and Certification Regulations (18 VAC 50-30)
COMMONWEALTH OF VIRGINIA BOARD FOR CONTRACTORS Individual License and Certification Regulations Last Updated August 1, 2019 STATUTES Title 54.1, Chapter 11 9960 Mayland Drive, Suite 400 Richmond, VA 23233 (804) 367-8500 www.dpor.virginia.gov VIRGINIA BOARD FOR CONTRACTORS DIRECTORY Information and forms are available over the internet at: www.dpor.virginia.gov Please use these telephone numbers for the following actions: To request an application form (804) 367-8511 To make an inquiry on a pending application (804) 367-8511 To make an inquiry regarding the Board or its regulations (804) 367-8511 To file a complaint against a contractor (804) 367-8504 To make an inquiry on the status of a filed complaint (804) 367-8504 To obtain information on the Virginia Contractor Transaction Recovery Fund (804) 367-1559 Please write to the Board for Contractors at the below address to request the following: 1. An interpretation of the Board’s regulations. 2. A waiver from the Board’s regulations regarding a specific entry requirement (See 18 VAC 50-22-40, 18 VAC 50-22-50, and 18 VAC 50-22-60 of these regulations); or 3. Reciprocity for a required examination (See 18 VAC 50-22-70 of these regulations). Virginia Board for Contractors Department of Professional and Occupational Regulation The Perimeter Center, Suite 400 9960 Mayland Drive Richmond, Virginia 23233 Please write to the Contractor’s Licensing Section at the below address to request the following: 1. A change of name in which your firm operates (See 18 VAC 50-22-230 A of these regulations); 2.