Full Faith Research Articles

Model-based construction and verification of critical systems using composition and partial refinement

This article introduces a new model-based method for incrementally constructing critical systems and illustrates its application to the development of fault-tolerant systems. The method relies on a special form of composition to combine software components and a set of proof rules to obtain high confidence of the correctness of the composed system. As in conventional component-based software development, two (or more) components are combined, but in contrast to many component-based approaches used in practice, which combine components consisting of code, our method combines components represented as state machine models. In the first phase of the method, a model is developed of the normal system behavior, and system properties are shown to hold in the model. In the second phase, a model of the required fault-handling behavior is developed and "or-composed" with the original system model to create a fault-tolerant extension which is, by construction, "fully faithful" (every execution possible in the normal system is possible in the fault-tolerant system). To model the fault-handling behavior, the set of states of the normal system model is extended through new state variables and new ranges for some existing state variables, and new fault-handling transitions are defined. Once constructed, the fault-tolerant extension is shown, using a set of property inheritance and compositional proof rules, to satisfy both the overall system properties, typically weakened, and selected fault-tolerance properties. These rules can often be used to verify the properties automatically. To provide a formal foundation for the method, formal notions of or-composition, partial refinement, fault-tolerant extension, and full faithfulness are introduced. To demonstrate and validate the method, we describe its application to a real-world, fault-tolerant avionics system.

Full Faith and Credit in Cross-Jurisdictional Recognition of Tribal Court Decisions Revisited

Full Faith and Credit in Cross-Jurisdictional Recognition of Tribal Court Decisions Revisited

Full Faith and Credit for Dummies

This article discusses the history of the Full Faith and Credit Clause, the original meaning of the clause, and the courts’ evolving interpretation of the clause. Within this discussion, the author explains the test for whether and how a state can constitutionally apply its own law to cases involving multi-state elements. This test and the Full Faith and Credit Clause are analyzed further through hypotheticals in the context of same-sex marriage. The article ends with an analysis of the effect of DOMA on these issues.

Measuring the Volatility in U.S. Treasury Benchmarks and Debt Instruments

As U.S. Treasury securities carry the full faith and credit of the U.S. government, they are free of default risk. Thus, their yields are risk-free rates of return, which allows the most recently issued U.S. Treasury securities to be used as a benchmark to price other fixed-income instruments. This article analyzes the time series properties of interest rates on U.S. Treasury benchmarks and related debt instruments by modelling the conditional mean and conditional volatility for weekly yields on 12 Treasury Bills and other debt instruments for the period January 8, 1982 to August 20, 2004. The conditional correlations between all pairs of debt instruments are also calculated. These estimates are of interest as they enable an assessment of the implications of modelling conditional volatility on forecasting performance. The estimated conditional correlation coefficients indicate whether there is specialization, diversification, or independence in the debt instrument shocks. Constant conditional correlation estimates of the standardized shocks indicate that the shocks to the first differences in the debt instrument yields are generally high and always positively correlated. In general, the primary purpose in holding a portfolio of Treasury Bills and other debt instruments should be to specialize on instruments that provide the largest returns. Tests for Stochastic Dominance are generally consistent with these findings, but find somewhat surprising rankings between debt instruments, with implications for portfolio composition. Thirty year treasuries, Aaa bonds, and mortgages tend to dominate the other instruments, at least to the second order.

PresqueCp-représentations et (ϕ,Γ)-modules

RésuméOn associe deuxyy presqueCp-représentations à un (ϕΓ)-module, et on en calcule les dimensions et les hauteurs. Comme corollaire, on obtient un résultat de pleine fidélité pour lesBe-représentations.

Full Faith and Credit for Status Records: A Reconsideration of Gardiner

The Full Faith and Credit Clause of the United States Constitution1 (the Clause) has received a good deal of attention recent years. While the brunt of public, media, and academic attention has focused on the role of the Full Faith and Credit Clause as it applies to the interstate recognition of same sex marriages,2 the fundamental question of how much deference must be accorded to records remains largely unaddressed. The Clause requires recognition in each State to the public Acts, Records, and Proceedings of every other State.3 It is well established that the U.S. Supreme Court interprets the term judicial proceedings to mean either final judgments or quasi-judgments, which are the judgments delivered by quasi-judicial bodies.4 Judgments receive the fullest faith and credit?so called ironclad faith and credit.5 It is similarly well established that the Court

Chasing Queers: The Radicalism of Conservative Legal Attacks on Lesbians and Gay Men

This paper describes seven cases, mostly from state courts, that are unremarkable except that they reveal a pattern of attack by conservative activists, including law firms, on the rights of lesbians and gay men. In attacking the rights of lesbians and gay men, these conservatives also frequently assert special rights for themselves. Five of these cases involve standing or intervention, with conservatives asserting patently insupportable (except in one case) claims to standing for the purpose of depriving lesbians and gay men of benefits. Two involve full faith and credit. With one exception, these are all state cases that would otherwise never attract much attention. By considering them all together, however, we see a pattern according to which conservatives are willing to jettison long-standing, well established principles of American law in order to chase queers in the legal system.

Interstate Pluralism: The Role of Federalism in the Same Sex Marriage Debate

This paper discusses the role of federalism in the debate over interstate recognition of same-sex marriages. It examines and rejects as simplistic the argument that the role of full faith and credit is to promote greater national uniformity. Instead, full faith and credit requires a balancing between the policy of uniformity and its counterweight, state autonomy and particularism (which is termed interstate pluralism). The paper identifies how interstate pluralism is reflected in a wide variety of ways in the law. It then seeks to show the benefits to the individual of having different legal communities to choose from. It then uses extensive economic and demographic data to demonstrate just how pluralistic are states are. It concludes that state should generally apply forum law to decide whether to recognize same-sex marriages.

Federated States of Micronesia

Federated States of Micronesia John R Haglelgam (bio) The latter part of 2006 brought an air of political excitement and anticipation. The people were excited about the biannual national election scheduled for March 2007; they had anticipated that the election for the at-large seats in the four states would be hard fought because some of the likely candidates had expressed interest in seeking the presidency. The inauguration ceremony for the new national administration took place on 16 July 2007. This was a public celebration of the peaceful transition of political power from the administration of Joseph Ursemal to that of Emmanuel "Manny" Mori. The actual transition from the previous administration to the current one took place in May 2007. It occurred on the same day that the 15th Congress of the Federated States of Micronesia (FSM) met to organize itself and elect the new president and vice president. The election of the president and vice president take place after the national election when the district members (with two-year terms) and the at-large members (with four-year terms) are elected, that is, every four years. Following the national election in March 2007, the FSM Congress met in its first regular session on 11 May. Although then incumbent President Joseph Ursemal of Yap easily won reelection to the national congress, he failed in his bid to retain the presidency. Instead, the congress elected at-large senator Manny Mori from Chuuk. The new president is an FSM Congress veteran of four years. He was first elected in the 2003 special election to fill Chuuk's at-large seat, which Redley Killion had vacated when he became vice president. Four years later, during the March 2007 election, Mori easily defeated incumbent Vice President Killion for the same seat. Ursemal's failed presidential attempt was the culmination of a deteriorating relationship between his administration and the FSM Congress caused by two lawsuits: the president's suit against congress to have a public law declared unconstitutional, and the congress's suit against the president to declare several of his vetoes unconstitutional. In addition, the congress felt that the president had completely ignored its recommendation regarding the passport scandal at the embassy in Washington DC (FSM Government 2006), and the unauthorized borrowing of funds by the FSM ambassador to the United States to help defray the cost of running the embassy (Haglelgam 2007). Investigations of the unauthorized borrowing and the passport scandal resulted in criminal charges being filed against the ambassador and his driver, a citizen of the Philippines. [End Page 192] The results of the March election were not as close as political analysts in the Federated States had predicted. The contest for the at-large seats in Chuuk, between then Vice President Redley Killion and Senator Manny Mori, and in Pohnpei, between Speaker Peter Christian and Senator Resio Moses, were billed as precursors for the FSM presidential election. President Ursemal ran unopposed for his former at-large seat in the congress. Ramon Peyal, who had won that seat during the special election in 2003, voluntarily stepped aside as previously agreed to allow the president to overcome the first hurdle in his reelection bid. This was interpreted as a sign of the Yap leadership's continuing support for the president. Two proposed amendments to the FSM national constitution—one regarding dual citizenship, and the other extending full faith and credit to public acts, records, and judicial proceedings across state lines—were submitted for ratification by the voters during the election. Both amendments failed to obtain two-third of the votes in at least three states as required by the national constitution. This was the third time in four years that the voters had rejected the dual citizenship amendment. The results of the March election were as follows: For Chuuk State, Manny Mori won the at-large seat with a total of 12,932 votes, with the five district seats being taken up by Peter Sitan (1,864 votes); Roosevelt D Kansou (2,099 votes); Joe N Suka (1,964 votes); Tiwiter H Aritos (3,870 votes); and Moses A Nelson (1,058 votes). Both the dual citizenship and full faith and credit...

You Can Check Out But You Can Never Leave: The Supreme Court Revolutionizes Federal Takings Law by Banishing the San Remo Hotel and Many Other (But Not All) Takings Claimants to State Courts Under the Guise of the Full Faith and Credit Act

On June 20, 2005, the United States Supreme Court issued its decision in San Remo Hotel v. City and County of San Francisco, holding that property owners with claims arising under the Fifth Amendment could not obtain federal court review after litigating in state court in compliance with the ripeness requirements of Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. The case presented the specific question of whether federal takings claimants could invoke an exception to claim and issue preclusion doctrine under England v. Lousiana Medical Board Examiners based on the fact that Williamson County forced them to involuntarily litigate in state court. The majority decision in San Remo held that takings claimants had no right to a preclusion exception or to federal judicial review, approvingly concluding that the interaction of Williamson County and preclusion will permanently relegate many claims to state courts. In so doing, the majority ignored Williamson County's ripeness premises and its apparent intent to allow federal takings claims ripened by state law litigation in federal court. This article reviews the San Remo decision, criticizing the majority's narrow interpretation of the England preclusion exception and its result in banishing takings claims to state courts. The article then explores the Williamson County ripeness requirement driving the majority result and condemns the majority decision for failing to explicitly address Williamson County's promise to allow ripe federal takings claims in federal court. The article considers whether San Remo's closed the federal courthouse door to takings claims seeking non-compensatory relief and concludes by urging the Court to overrule Williamson County's state litigation requirement.

The Defense of Marriage Act (DOMA)

ABSTRACT Recognition of same-sex marriage has been a goal of many in the gay rights movement. With the passage of the Defense of Marriage Act (DOMA), same-sex relationships will not be afforded the same opportunities as heterosexual relationships. This paper will discuss the process leading to the passage of the DOMA, and will argue that the passage of this piece of legislation was a misuse of Article IV, Section 2 of the United States Constitution, “Full Faith and Credit.” The Defense of Marriage Act represents an extraordinary act of Congress, as they have rarely passed legislation under this mandate and have never passed legislation that curtails full faith and credit. Strategies that can be utilized to overcome the constraints of the DOMA will also be included.

Resisting Challenges to the Rule of Full Faith and Credit for Adoption Judgments

Resisting Challenges to the Rule of Full Faith and Credit for Adoption Judgments

Civil Procedure: Statutory Full Faith and Credit: Wisconsin Supreme Court Applies Comity Principles in Determining Whether to Enforce a Tribal Court Judgment. Teague v. Bad River Band of Lake Superior Tribe of Chippewa Indians, 665 N.W.2d 899 (Wis. 2003)

Civil Procedure: Statutory Full Faith and Credit: Wisconsin Supreme Court Applies Comity Principles in Determining Whether to Enforce a Tribal Court Judgment. Teague v. Bad River Band of Lake Superior Tribe of Chippewa Indians, 665 N.W.2d 899 (Wis. 2003)

The Mutual Recognition of Decisions in Civil and Commercial Matters in the European Union in the Light of the Full Faith and Credit Clause of the U.S. Constitution

In the conclusions of the European Council of Tampere and the Council Programme of Measures for Implementation of the Principle of Mutual Recognition of Decisions in Civil and Commercial Matters, the European Union approved the principle of mutual recognition of judicial decisions in order to remove barriers to the ‘free movement of judgments’. When the U.S. Constitution was drafted more than 200 years ago, the same problem had to be tackled. Article IV Section 1 of the Constitution was the solution found at the time. This article gives an overview over the state of play of the Community activities concerning the mutual recognition of decisions in civil and commercial matters, seen from the perspective of the U.S. Constitution.

Constitutional Restraints on State Right of Publicity Laws

Over the past fifty years, a new intellectual property right called the right of publicity has evolved under state common law. The author explores a recurring concern hinted at by several lower courts and dissenting opinions: that current publicity laws offend parts of the Constitution beyond the First Amendment and the Copyright Clause. The existing hodgepodge of state statutory and common law that makes up the right of publicity appears to be a minefield of constitutional hazards. Courts must consider a variety of First Amendment, Copyright Clause, Commerce Clause, Due Process Clause, and Full Faith and Credit Clause issues when resolving publicity rights cases. The author argues that Congress could simplify this area of the law considerably for plaintiffs, defendants, and courts by creating a limited preemptive federal right of publicity. Alternatively, the right could remain state-based and still avoid these issues through other approaches.

Descente étale des F-isocristaux surconvergents et rationalité des fonctions L de schémas abéliens

Let k be a field of characteristic p>0 and S a smooth separated k-scheme; three types of results are proved: (1) etale descent for overconvergent F-isocrystals on S; (2) full faithfulness of restriction functors to a dense open subscheme of S, between F-isocrystals; (3) a p-adic cohomological expression of the L-function of an abelian scheme on S and its rationality.

Morphisms of F-isocrystals and the finite monodromy theorem for unit-root F-isocrystals

We discuss Tate-type problems for F-isocrystals, that is, the full faithfulness of the natural restriction functors between categories of overconvergent F-isocrystals on schemes of positive characteristic. We prove it in the cases of unit-root F-isocrystals. Using this result, we prove that an overconvergent unit-root F-isocrystal has a finite monodromy.

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We discuss Tate-type problems for F-isocrystals, that is, the full faithfulness of the natural restriction functors between categories of overconvergent F-isocrystals on schemes of positive characteristic. We prove it in the cases of unit-root F-isocrystals. Using this result, we prove that an overconvergent unit-root F-isocrystal has a finite monodromy.

Leprosy initiative

The Global Alliance for Elimination of Leprosy (GAEL), which met for the first time in New Delhi at the end of January 2001, has emphasized the need to scale up implementation of anti-leprosy measures to detect and cure all remaining cases worldwide. GAEL was formed in November 1999 by representatives of leprosy-endemic countries, the WHO, the Nippon Foundation, Novartis and the International Foundation of anti-Leprosy Associations, and aims to eliminate leprosy as a public health problem from every country by 2005. Elimination is defined as achieving a prevalence rate of <1 case per 10 000 population. The achieved rate by January 2000 was 1.25 cases per 10 000 population. The GAEL partners and international experts expressed full faith in the efficacy of multidrug therapy for leprosy consisting of rifampicin, clofazimine and dapsone, and discounted problems of drug resistance. CK http://id.medscape.com/33314.rhtml?srcmp=id-020201

Assessing the Potential Impact of the Proposed Hague Jurisdiction and Judgments Convention on Human Rights Litigation in the United States

On September 25, 2000, a Manhattan jury in federal court ordered former Bosnian Serb wartime leader Radovan Karadzic to pay $4.5 billion in damages to victims of war crimes committed in the early 1990s war in the former Yugoslavia. A few weeks earlier, another New York jury rendered a judgment against Karadzic for $745 million in a lawsuit focusing on crimes against women in the war. Despite the seriousness of the cases and the size of the judgments, the plaintiffs may never collect even a portion of the judgments because of the difficulty of enforcement in foreign countries, where Karadzic is more likely to have his assets. While one of the plaintiffs explained that the verdict was less about money and more about exposing the atrocities of the war, other similar judgments have been only symbolic gestures as well, because plaintiffs were unable to collect. One of the impediments preventing the Karadzic plaintiffs from collecting is the probability that many foreign countries where Karadzic might have assets would refuse to recognize or enforce the judgments. While the Full Faith and Credit Clause of the United States Constitution requires that judgments rendered in one state be