Greeks
The ancient Greeks personified what happens in life by three conjoined fates: Clotho, the spinner, who represents the fateful tendencies in life; Lachesis, the measurer, who stands for the accidental within those tendencies; and Atropos, the inexorable, who snips the thread, and is death. Putting aside death, the notion that what happens in life is the product of tendencies and random accident within those tendencies – Clotho and Lachesis – is thus an old idea.
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Notes
- 1.
This interpretation is Freud’s in his 1913 essay, The Theme of the Three Caskets. Republished in 4 Collected Papers 245 (New York: Basic Books, Inc. 1959).
- 2.
478 US 385 (1986).
- 3.
Id. at 400. The Court added in a footnote the sensible caution that “there may, of course, be some regressions so incomplete as to be inadmissible as irrelevant; but such was clearly not the case here.” Id. n. 15.
- 4.
Id. at 404, n. 14.
- 5.
42 U.S.C. 7651f (2000).
- 6.
EPA, Acid Rain Program; Nitrogen Oxides Emission Reduction Program, Part II, 61 Fed. Reg. 67112, 40 CFR Part 76 (1996).
- 7.
135 F.3d 791 (D.C. Cir. 1998).
- 8.
135 F.3d at 805.
- 9.
A Woman’s Choice–East Side Women’s Clinic v. Newman, 305 F.3d 684 (7th Cir. 2002).
- 10.
The rule reimposed the 11-hour limit that had been struck down by the D.C. Circuit Court of Appeals in a prior case.
- 11.
Owner-Operator Independent Drivers Association Inc. v. Federal Motor Carrier Safety Administration, 2007 WL 2089740 (D.C. Cir. 2007).
- 12.
478 U.S. 30 (1986).
- 13.
918 F.2d 763 (9th Cir.), cert. denied, 111 S. Ct. 681 (1991).
- 14.
See, e.g., Bone Shirt v. Hazeltine, 336 F. Supp.2d 972 (S.D. 2004)(and cases cited).
- 15.
135 F.3d at 806 (quoting from Chemical Mfrs. Ass’n v. EPA, 870 F.2d 177, 1264 (5th Cir. 1989) (interior quotes omitted).
- 16.
157 N.J. 253 (1999).
- 17.
Models based on different databases put Loftin’s probability of a death sentence at levels that were higher than other proportionality review defendants; the court did not object to the results of those models on the ground that the confidence interval was too wide.
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Finkelstein, M.O. (2009). Regression Models. In: Basic Concepts of Probability and Statistics in the Law. Springer, New York, NY. https://doi.org/10.1007/b105519_1_11
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DOI: https://doi.org/10.1007/b105519_1_11
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