253 research outputs found
A Rejoinder to Professor Schauer\u27s Commentary
No full textIt is quite a treat to have Professor Frederick Schauer comment on my Miranda article.1 Professor Schauer is a renowned authority on freedom of speech and the author of many thoughtful, probing articles in other areas as well, especially jurisprudence. I am pleased that in large measure, Schauer, too, laments the erosion of Miranda in the last four-and-a-half decades2 and that he, too, was unhappy with the pre-Miranda due process/“totality of circumstances”/“voluntariness” test.3 I also like what Schauer had to say about “prophylactic rules,” a term that has sometimes been used to disparage the Miranda rules.4 As Schauer observes, the use of such rules is “ubiquitous in constitutional law”5 and “there is no special category of prophylactic rules . . . . The phrase ‘prophylactic rule’ is accordingly best seen as a simple redundancy, sort of like ‘null and void.’”6 However, when Schauer maintains that (1) the right to remain silent “existed independent[ly] of Miranda,” 7 and that (2) “the right to counsel during interrogation” also “preceded Miranda,”8 I have to part company with him on both counts. (I readily admit that whether there was a right to counsel during interrogation prior to Miranda is a much closer question than whether there was a right to remain silent.) Much turns on what one means by “rights.
A Rejoinder to Professor Schauer\u27s Commentary
No full textIt is quite a treat to have Professor Frederick Schauer comment on my Miranda article.1 Professor Schauer is a renowned authority on freedom of speech and the author of many thoughtful, probing articles in other areas as well, especially jurisprudence. I am pleased that in large measure, Schauer, too, laments the erosion of Miranda in the last four-and-a-half decades2 and that he, too, was unhappy with the pre-Miranda due process/“totality of circumstances”/“voluntariness” test.3 I also like what Schauer had to say about “prophylactic rules,” a term that has sometimes been used to disparage the Miranda rules.4 As Schauer observes, the use of such rules is “ubiquitous in constitutional law”5 and “there is no special category of prophylactic rules . . . . The phrase ‘prophylactic rule’ is accordingly best seen as a simple redundancy, sort of like ‘null and void.’”6 However, when Schauer maintains that (1) the right to remain silent “existed independent[ly] of Miranda,” 7 and that (2) “the right to counsel during interrogation” also “preceded Miranda,”8 I have to part company with him on both counts. (I readily admit that whether there was a right to counsel during interrogation prior to Miranda is a much closer question than whether there was a right to remain silent.) Much turns on what one means by “rights.
Two Cheers for Authority: Should Officials Obey the Law?
No full textIn 1992, Professor, Frederick Schauer of Harvard University, delivered the Georgetown Law Center’s twelfth Annual Philip A. Hart Memorial Lecture: Two Cheers for Authority: Should Officials Obey the Law?.
Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. Previously he served for 18 years as Frank Stanton Professor of the First Amendment at the John F. Kennedy School of Government, Harvard University, where he has served as academic dean and acting dean, and before that was a Professor of Law at the University of Michigan. He is the author of The Law of Obscenity (BNA, 1976), Free Speech: A Philosophical Enquiry (Cambridge, 1982), Playing By the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life (Clarendon/Oxford, 1991), Profiles, Probabilities, and Stereotypes (Belknap/Harvard, 2003), and Thinking Like a Lawyer: A New Introduction to Legal Reasoning (Harvard, 2009). He is also co-editor of The Philosophy of Law: Classic and Contemporary Readings (1996) and The First Amendment: A Reader (1995), and author of numerous articles on constitutional law and theory, freedom of speech and press, legal reasoning and the philosophy of law.
Schauer is a fellow of the American Academy of Arts and Sciences, has held a Guggenheim Fellowship, has been vice-president of the American Society for Political and Legal Philosophy and chair of the Committee on Philosophy and Law of the American Philosophical Association, and was a founding co-editor of the journal Legal Theory. He has also been the Fischel-Neil Distinguished Visiting Professor of Law at the University of Chicago, Ewald Distinguished Visiting Professor of Law at the University of Virginia, Morton Distinguished Visiting Professor of the Humanities at Dartmouth College, Distinguished Visiting Professor of Law at the University of Toronto, and Distinguished Visitor at the New York University School of Law. His work on rules, legal reasoning, constitutional theory and freedom of speech has been the subject of a book Rules and Reasoning: Essays in Honour of Fred Schauer (Hart, 1999) and symposia in Politeia, the Harvard Journal of Law and Public Policy, and the Notre Dame, Connecticut, and Quinnipiac law reviews. In 2007-08 Schauer was the George Eastman Visiting Professor at Oxford University and a fellow of Balliol College. A graduate of Dartmouth College, the Amos Tuck School of Business Administration, and Harvard Law School, Schauer was the recipient of a university-wide Distinguished Teacher Award from Harvard University in 2004
Continuous-discrete smoothing of diffusions
No full textSuppose X is a multivariate diffusion process that is observed discretely in time. At each observation time, a transformation of the state of the process is observed with noise. The smoothing problem consists of recovering the path of the process, consistent with the observations. We derive a novel Markov Chain Monte Carlo algorithm to sample from the exact smoothing distribution. The resulting algorithm is called the Backward Filtering Forward Guiding (BFFG) algorithm. We extend the algorithm to include parameter estimation. The proposed method relies on guided proposals introduced in Schauer et al. (2017). We illustrate its efficiency in a number of challenging problems.Revised article with additional author Marcin Mider. Article contains an animated figur
Identification of 9-<i>O</i>-acetyl-<i>N</i>-acetylneuraminic acid in normal canine pre-ocular tear film secreted mucins and its depletion in <i>Keratoconjunctivitis sicca</i>
No full textI am first author and PI for this study and wrote the paper. I designed the biochemical work all completed in my labs, and arranged analyses and visits to the Schauer lab. This work identifies modified sialic acids as biological targets for the immune system.I am first author and PI for this study and wrote the paper. I designed the biochemical work all completed in my labs, and arranged analyses and visits to the Schauer lab. This work identifies modified sialic acids as biological targets for the immune system
In praise of the weakness of law. A response to Schauer
No full textAbstract
In this essay, the Author aim to respond to the urgings in the book “The force of Law” by
Frederick Schauer breaking from the paradigm of analytical jurisprudence; insofar as the
University of Virginia philosopher states having found sociological bases for his own
logical/reconstructive architecture, the Author intend to develop a critique of Schauer’s theses
that is not merely theoretical, but sociological as well. In a nutshell whether the use of force is
sociologically necessary to control isolated resistance to the rules shared by the majority, or to
reinforce a law, that aims to trigger necessary social change, but such a strong limitation of
human freedom must be justified; and this legitimacy can only derive from the need for justice.
Key words: Justice, natural law, legitimization
Riassunto
In questo saggio, l'Autore si prefigge di rispondere alle sollecitazioni del libro " La forza della
legge" di Frederick Schauer utilizzando un punto di vista esterno rispetto alla filosofia del
diritto analitica cui pure il docente della Università della Virginia si richiama, avendo
quest’ultimo voluto trovare una base sociologica per la propria analisi teorico-ricostruttiva.
l'Autore intende, perciò, sviluppare una critica della tesi di Schauer che non è solo teorica, ma
anche sociologica. In sintesi se il ricorso alla forza è sociologicamente necessario per
controllare la resistenza isolata alle regole condivise dalla maggioranza, o per rinforzare una
legge, che mira a innescare una qualche forma di necessario cambiamento sociale, si traduce
sempre in una pesante limitazione della libertà umana che può trovare adeguata giustificazione
solo nel bisogno di giustizia
Bayesian estimation of discretely observed multi-dimensional diffusion processes using guided proposals
No full textEstimation of parameters of a diffusion based on discrete time observations poses a difficult problem due to the lack of a closed form expression for the likelihood. From a Bayesian computational perspective it can be casted as a missing data problem where the diffusion bridges in between discrete-time observations are missing. The computational problem can then be dealt with using a Markov-chain Monte-Carlo method known as data-augmentation. If unknown parameters appear in the diffusion coefficient, direct implementation of data-augmentation results in a Markov chain that is reducible. Furthermore, data-augmentation requires efficient sampling of diffusion bridges, which can be difficult, especially in the multidimensional case. We present a general framework to deal with with these problems that does not rely on discretisation. The construction generalises previous approaches and sheds light on the assumptions necessary to make these approaches work. We define a random-walk type Metropolis-Hastings sampler for updating diffusion bridges. Our methods are illustrated using guided proposals for sampling diffusion bridges. These are Markov processes obtained by adding a guiding term to the drift of the diffusion. We give general guidelines on the construction of these proposals and introduce a time change and scaling of the guided proposal that reduces discretisation error. Numerical examples demonstrate the performance of our methods.Statistic
In praise of the weakness of law. A response to Schauer
No full textIn this essay, the Author aim to respond to the urgings in the book “The force of Law” by
Frederick Schauer breaking from the paradigm of analytical jurisprudence; insofar as the
University of Virginia philosopher states having found sociological bases for his own
logical/reconstructive architecture, the Author intend to develop a critique of Schauer’s theses
that is not merely theoretical, but sociological as well. In a nutshell whether the use of force is
sociologically necessary to control isolated resistance to the rules shared by the majority, or to
reinforce a law, that aims to trigger necessary social change, but such a strong limitation of
human freedom must be justified; and this legitimacy can only derive from the need for justice
Adaptive nonparametric drift estimation for diffusion processes using Faber–Schauder expansions
No full textWe consider the problem of nonparametric estimation of the drift of a continuously observed one-dimensional diffusion with periodic drift. Motivated by computational considerations, van der Meulen et al. (Comput Stat Data Anal 71:615–632, 2014) defined a prior on the drift as a randomly truncated and randomly scaled Faber–Schauder series expansion with Gaussian coefficients. We study the behaviour of the posterior obtained from this prior from a frequentist asymptotic point of view. If the true data generating drift is smooth, it is proved that the posterior is adaptive with posterior contraction rates for the (Formula presented.)-norm that are optimal up to a log factor. Contraction rates in (Formula presented.)-norms with (Formula presented.) are derived as well.Statistic
Bayesian estimation of incompletely observed diffusions
No full textWe present a general framework for Bayesian estimation of incompletely observed multivariate diffusion processes. Observations are assumed to be discrete in time, noisy and incomplete. We assume the drift and diffusion coefficient depend on an unknown parameter. A data-augmentation algorithm for drawing from the posterior distribution is presented which is based on simulating diffusion bridges conditional on a noisy incomplete observation at an intermediate time. The dynamics of such filtered bridges are derived and it is shown how these can be simulated using a generalised version of the guided proposals introduced in Schauer, Van der Meulen and Van Zanten (2017, Bernoulli 23(4A)).Statistic
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