1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l

Taking Rights Seriously

Defining and measuring sustainability is a major challenge. This article argues these limitations need not stop us from trying to identify and value the possible impacts of what we are doing, or are thinking about doing, over time periods much longer than the lives of our investments, or even of the lives of those of us living today. Sustainability is a relative concept that must be applied in an environment undergoing multiple changes, changes that are occurring over different temporal and spatial scales. We depend on our water resource systems for our survival and welfare. Yet no one expects them to be restored to, or survive in, their most productive pristine states in the face of increasing development pressures for land in their watersheds and for water in their streams, rivers, lakes, and aquifers. A continuing task of water resource planners and managers is to identify the multiple impacts and tradeoffs resulting from what we who are living today may wish to do for ourselves and our immedi...

Sustainable water resources management

Local failure of one structural element may result in the failure of another structural element. Failure might thus progress throughout a major part or even all of the structure. After reviewing a couple of failure events, it is outlined why current probabilitybased design codes are inadequate to prevent progressive collapse. It is discussed how these shortcomings might be overcome both within and outside a probabilistic framework. A pragmatic approach is suggested in which design according to current practice is complemented by additional design measures with particular regard to collapse resistance.

Progressive Collapse of Structures

This book, Engineering and Sustainable Community Development, presents an overview of engineering as it relates to humanitarian engineering, service learning engineering, or engineering for community development, often called sustainable community development (SCD). The topics covered include a history of engineers and development, the problems of using industry-based practices when designing for communities, how engineers can prepare to work with communities, and listening in community development. It also includes two case studies -- one of engineers developing a windmill for a community in India, and a second of an engineer "mapping communities" in Honduras to empower people to use water effectively -- and student perspectives and experiences on one curricular model dealing with community development. Table of Contents: Introduction / Engineers and Development: From Empires to Sustainable Development / Why Design for Industry Will Not Work as Design for Community / Engineering with Community /...

Engineering and Sustainable Community Development

There are currently no applicable hysteresis rules or nonlinear elements available in structural analysis software that can be used to exactly model triple Friction Pendulum bearings for response-history analysis. Series models composed of existing nonlinear elements are proposed since they can be immediately implemented in currently available analysis software. However, the behavior of the triple Friction Pendulum bearing is not exactly that of a series arrangement of single concave Friction Pendulum bearings—though it is similar. This paper describes how to modify the input parameters of the series model in order to precisely retrace the true force-displacement behavior exhibited by this device. Recommendations are made for modeling in SAP2000 and are illustrated through analysis of a simple seismically isolated structure. The results are confirmed by (a) verifying the force-displacement behavior through comparison with experimental data and (b) verifying the analysis through comparison to the ...

Modeling Triple Friction Pendulum Bearings for Response-History Analysis

The explosion that ripped through the Alfred P. Murrah Federal Building in Oklahoma City shortly after nine a.m. on April 19 killed 168 people, injured more than 500 and damaged more than 300 buildings. Also among the casualties of the blast was a lingering American faith that terrorism was something that happened somewhere else--in other countries, or at high-profile structures like the World Trade Center in New York. How should the U.S. government respond to this changed world when it comes to constructing new buildings or securing existing ones. Factors to be balanced in the eventual decision include costs, aesthetics and the principle of maintaining maximum public access in a democracy. A key issue is whether or not to require that government buildings be designed to protect against progressive collapse.

Oklahoma City Aftermath

Despite some isolated environmental victories in the past few decades, on a system-wide level the problems—from acid rain to destruction of the rain forest—are getting worse. Can humanity reform the industrialized world from its wasteful ways and raise living standards in the developing world without fatally overloading demand on the planet’s resources? One possible way is through the concept of “sustainable development.” In essence, sustainable development is an effort to use technology to help clean up the mess it helped make, and engineers will be central players in its success or failure. Key aspects include more efficient energy use through conservation measures and switching to renewable sources, waste minimization, much greater recycling and reuse of materials, more comprehensive economic/environmental assessments employing “life cycle” analyses, and better management of resources.

Engineering Sustainable Development

In the U.S., the use of seismic isolation in new bridge construction and retrofit projects has been growing as awareness of seismic risk has spread across the country since the 1971 San Fernando earthquake through the 1989 Loma Prieta and 1994 Northridge earthquakes--not to mention the false, but nonetheless consciousness-raising, prediction of a major earthquake on the New Madrid Fault in 1990. To date, isolator bearings have been used to outfit about 75 structures, of which slightly more than half are retrofit projects. Recent projects in New York State, St. Louis, Indiana and New Hampshire that involve the use of several systems demonstrate the use of seismic isolation in retrofitting bridges to better withstand earthquake forces.

Seismic isolation in bridges

Amendments to the Safe Drinking Water Act (SWDA) in 1986 greatly expanded the number of contaminants subject to regulation and significantly beefed up water quality treatment and monitoring requirements, leading to a slew of new regulations from EPA that are gradually being implemented. These new regulations will add billions to the cost of water treatment. While water systems of all sizes will be squeezed by the new requirements, small systems are especially ill-equipped to take on the added burdens. With fewer people to absorb charges, raising rates enough to pay for new needs is difficult—and many small systems serve low-income rural populations. Owners of these systems also typically lack the expertise needed to operate and maintain treatment systems and follow through on monitoring requirements. Many don’t know where to find information on regulatory requirements or financing system upgrades, either. The article describes the problems facing small systems and some efforts to assist them by identifying and demonstrating alternative low-cost technologies, improving access to information, and streamlining state design review processes.

Fit to Drink

The article describes the effects of high turnover on a firm’s performance and the potential for helping control it through the benefits offered employees. Historically, benefits in the engineering field have fallen short of other industries. But while this is still the case in many firms, others have moved from providing minimal benefits to offering packages incorporating stock ownership, dependent care accounts, supplements to medical insurance and pension plans and other special features. While giving people the opportunity to work on interesting projects with congenial colleagues is still the surest way to attract and retain the best engineers, in light of the predicted future shortage of professionals, a progressive benefits policy can set a firm apart. Firms that help people balance the demands of family and work—providing for child care, allowing flexible hours and beefing up career development procedures—will come out ahead.

John Prendergast

Papers

Oklahoma City Aftermath

Engineering Sustainable Development

Seismic isolation in bridges

Fit to Drink

The Benefits of Benefits