The Procedural Foundation of Substantive Law

The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article argues that substantive law is also inherently procedural. I suggest that the construction of substantive law entails assumptions about the procedures that will apply when that substantive law is ultimately enforced. Those procedures are embedded in the substantive law and, if not applied, will lead to over- or under-enforcement of the substantive mandate. Yet the substance-procedure dichotomy encourages us to treat procedural systems as essentially fungible-leading to a problem of mismatches between substantive law and unanticipated procedures. I locate this argument about the procedural foundation of substantive law within a broader discussion of the origin and status of the substanceprocedure dichotomy

Long-range, critical-point dynamics in oil field flow rate data

Earthquake triggering data exhibit long-range spatio-temporal correlations of the power-law form C(l) ∼ l−α and anomalously-slow temporal diffusion of the mean triggering distance of the form: 〈l〉 ∼ tH, with H < 0.5. We examine spatio-temporal correlations in subsurface effective stress state caused by fluid injection and extraction at well sites in a hydrocarbon reservoir using a multivariate statistical regression model, and observe long-range correlations in flow rate that cannot be caused by Darcy flow alone. Significantly-correlated well pairs align with the directions of incipient horizontal-displacement tensile and shear failure in the present-day stress field, while the contours of the first principal component of the regression matrix closely follow the macroscopic fault pattern in the main producing horizon. The correlation function for well pairs has a power-law form with α ≈ 0.5, and the mean correlation distance increases with H ≈ 0.33, implying a similar critical-point response to perturbations in effective stress as the earthquake data

Permeability evolution during progressive development of deformation bands in porous sandstones

[1] Triaxial deformation experiments were carried out on large (0.1 m) diameter cores of a porous sandstone in order to investigate the evolution of bulk sample permeability as a function of axial strain and effective confining pressure. The log permeability of each sample evolved via three stages: (1) a linear decrease prior to sample failure associated with poroelastic compaction, (2) a transient increase associated with dynamic stress drop, and (3) a systematic quasi-static decrease associated with progressive formation of new deformation bands with increasing inelastic axial strain. A quantitative model for permeability evolution with increasing inelastic axial strain is used to analyze the permeability data in the postfailure stage. The model explicitly accounts for the observed fault zone geometry, allowing the permeability of individual deformation bands to be estimated from measured bulk parameters. In a test of the model for Clashach sandstone, the parameters vary systematically with confining pressure and define a simple constitutive rule for bulk permeability of the sample as a function of inelastic axial strain and effective confining pressure. The parameters may thus be useful in predicting fault permeability and sealing potential as a function of burial depth and faul

Kondo effect in a one dimensional d-wave superconductor

We derive a solvable resonant-level type model, to describe an impurity spin coupled to zero-energy bound states localized at the edge of a one dimensional d-wave superconductor. This results in a two-channel Kondo effect with a quite unusual low-temperature thermodynamics. For instance, the local impurity susceptibility yields a finite maximum at zero temperature (but no logarithmic-divergence) due to the splitting of the impurity in two Majorana fermions. Moreover, we make comparisons with the Kondo effect occurring in a two dimensional d-wave superconductor.Comment: 9 pages, final version; To be published in Europhysics Letter

A Trace Formula for Products of Diagonal Matrix Elements in Chaotic Systems

We derive a trace formula for $\sum_n A_{nn}B_{nn}...\delta(E-E_n)$, where $A_{nn}$ is the diagonal matrix element of the operator $A$ in the energy basis of a chaotic system. The result takes the form of a smooth term plus periodic-orbit corrections; each orbit is weighted by the usual Gutzwiller factor times $A_p B_p ...$, where $A_p$ is the average of the classical observable $A$ along the periodic orbit $p$. This structure for the orbit corrections was previously proposed by Main and Wunner (chao-dyn/9904040) on the basis of numerical evidence.Comment: 8 pages; analysis made more rigorous in the revised versio

The ever-surprising blazar OJ 287: multi-wavelength study and appearance of a new component in X-rays

We present a multi-wavelength spectral and temporal investigation of OJ 287 emission during its strong optical-to-X-ray activity between July 2016 - July 2017. The daily $\gamma$-ray fluxes from \emph{Fermi}-LAT are consistent with no variability. The strong optical-to-X-ray variability is accompanied by a change in power-law spectral index of the X-ray spectrum from $2$, with variations often associated with changes in optical polarization properties. Cross-correlations between optical-to-X-ray emission during four continuous segments show simultaneous optical-ultraviolet (UV) variations while the X-ray and UV/optical are simultaneous only during the middle two segments. In the first segment, the results suggest X-rays lag the optical/UV, while in the last segment X-rays lead by $\sim$ 5-6 days. The last segment also shows a systematic trend with variations appearing first at higher energies followed by lower energy ones. The LAT spectrum before the VHE activity is similar to preceding quiescent state spectrum while it hardens during VHE activity period and is consistent with the extrapolated VHE spectrum during the latter. Overall, the broadband spectral energy distributions (SEDs) during high activity periods are a combination of a typical OJ 287 SED and an HBL SED, and can be explained in a two-zone leptonic model, with the second zone located at parsec scales, beyond the broad line region, being responsible for the HBL-like spectrum. The change of polarization properties from systematic to chaotic and back to systematic, before, during and after the VHE activity, suggest dynamic roles for magnetic fields and turbulence.Comment: 13 pages, 4 figures, 2 tables, MNRAS accepted versio