Journal articles on the topic 'Original Right to a Place'
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1
Kryvolapov, B. M. "Some aspects of copyright protection of an original work of art." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 47–51. http://dx.doi.org/10.24144/2788-6018.2021.03.8.
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The article deals with theoretical and practical problems of the intellectual property protection of original works of art.
The specifics of copyright of works of art in national law are explored, particularly the law of Ukraine “On copyright and related rights” of 1993 and some norms of the Civil Code of Ukraine. For the purposes of the study, such international treaties and documents as Directive 2001/84/EC of 2001 on the resale right for the benefit of the author of an original work of art, some provisions of Association Agreement between the European Union and Ukraine, norms of Berne Convention for the Protection of Literary and Artistic Works of 1886 were examined and analyzed.
It is found out that basic economic rights of norms of original works of art authors are the exclusive right to use a work, particularly its components such as reproduction of works, public demonstration and public display of works, distribution of originals of works and their specimens by the first sale and the exclusive right of authorizing any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them. It has been determined that the exclusive right of original works of art authors to use is mostly violated in Ukraine.
The right to have access to a work of fine art is examined separately. It has been determined that the right to have access is a moral right that shouldn’t be transferred.
Particular attention is paid to the resale right of the author of an original work of art. The author identifies some contradictions about the resale rights objects between the law of Ukraine “On copyright and related rights” and of the Civil Code of Ukraine. It is claimed that Ukrainian resale right legislation needs significant changes. It is claimed that Ukrainian resale right legislation needs significant changes.
On the basis of analysis of scientific literature, legal acts, court’s decision author developed and substantiated some conclusions, which are new and have theoretical and practical significance.
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Skinner, Heather. "Place Branding—The Challenges of Getting It Right: Coping with Success and Rebuilding from Crises." Tourism and Hospitality 2, no. 1 (March 17, 2021): 173–89. http://dx.doi.org/10.3390/tourhosp2010010.
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A focus on continued year-on-year economic growth was beginning to be seen as unsustainable even before the COVID-19 crisis forced many tourism destinations to rethink their marketing and branding. This paper adopts a critical marketing stance to explore the relationship between place branding and two recent extreme conditions affecting the tourism industry: overtourism, as exemplified when the issue became headline news in popular media from the summer of 2017, as many examples were offered of places struggling to cope with their success; and the COVID-19 crisis that effectively brought global tourism to a standstill in 2020, as the industry attempts to rebuild from this current unprecedented crisis. This article is not designed to suggest normative place-branding strategies. Rather, through the presentation of an original model that conceptualizes the cyclical process of rebuilding from crises and coping with success, it aims to provide a warning that whatever place-branding strategies are implemented in a post-pandemic world, for whatever type of tourism, in whatever type of destination, a rein must be employed in order that the drive for recovery from undertourism through successful place branding does not lead to the return of overtourism.
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Nallusamy, S., S. Seenuvasa Rajan, S. Sundar, and Gautam Majumdar. "Study on Enhancement of Quality Level through a Lean Approach in an Original Equipment Manufacturer." International Journal of Engineering Research in Africa 43 (June 2019): 145–56. http://dx.doi.org/10.4028/www.scientific.net/jera.43.145.
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In the present condition, customer demand has increased gradually due to technological development and globalisation in this world. So this made the industrialist to deliver the products at right quantity at right place at right time with shorter lead time. But due to high rejection rate the industries fails to meet the customer demand which in turn reduces the customer satisfaction. Hence, this research an attempt was made to reduce the defects of casting components in an original equipment manufacturer. The study was carried out in a foundry of brake drum manufacturing industry. The problem was inside that the industry could not meet the customer demand due to high rejection rate and the major contributor for high rejection is found to be sand drop. Hence, proposed solutions have been implemented to achieve the objectives. After implementation of proper lean tools it was observed from the results that, the rejection rate was reduced by about 4% and the quality level was increased by about 4.4%.
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Porter, Bernard. "Was Laing Right?" Albion 23, no. 2 (1991): 285–89. http://dx.doi.org/10.2307/4050608.
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I found Professors Wohl's and Schmiechen's replies informative and stimulating. Unfortunately I do not think they would upset the dreadful Laing. Before I go on to explain why, however, I should correct two misunderstandings.Firstly: I offered “Laing's theorem” as a hypothesis, not necessarily as my view. Nowhere in my original article did I indicate my “acceptance” of it (Wohl). It is simply an idea to be tested, as a possible explanation for what I do regard as high Victorian Britain's artistic poverty, of which more in a moment. Secondly: I do not regard myself as a “basher” of Victorianism, of the kind that used to be common a few years ago. That is Professor Schmiechen's charge. As I understand and indeed remember it, the old bashers deplored Victorian taste. I on the contrary have a consuming passion for it. In particular, I have a high regard for Victorian architecture, which is one of the two areas I specifically exempted (though Professor Wohl has missed this) from my strictures against the quality of the high Victorians' cultural achievement. For what it is worth — and it is not worth much, being only my own personal opinion, but I feel I need to establish my credentials here — I would place All Saint's, Margaret Street, London, by Butterfield, high on my list of the most inspiring buildings anywhere in the world, and St. Mary's Church, Studley Royal, Yorkshire, by Burges, among the half-dozen most beautiful. There is dedication for you. This may lower one or two philo-Victorians' hackles. I hope so.
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CORRADETTI, CLAUDIO. "Constructivism in cosmopolitan law: Kant’s right to visit." Global Constitutionalism 6, no. 3 (November 2017): 412–41. http://dx.doi.org/10.1017/s2045381717000028.
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Abstract:Kant is regarded as one of the most influential cosmopolitan thinkers. Indeed his legacy still influences the contemporary legal and philosophical debate on this issue. But what is the Kantian conception of cosmopolitan law? In which terms does it arise out of his notion of a ‘right to visit’? How does it contribute to the construction of a ‘cosmopolitan constitution’? In this article the view is advanced that Kant was a legal constructivist. The argument assumes also that within Kant’s view of an ‘original community of interaction’, the justification of a cosmopolitan notion of authority allows exercises of freedom under a general scheme of right. Kant’s ‘cosmopolitan constitution’ depends therefore upon such rationale, as well as on the jurisdictional link that the right to visit determines in allowing individuals with the possibility to have a ‘place on earth’.
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Litman, Jessica. "WHAT WE DON'T SEE WHEN WE SEE COPYRIGHT AS PROPERTY." Cambridge Law Journal 77, no. 3 (August 23, 2018): 536–58. http://dx.doi.org/10.1017/s0008197318000600.
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AbstractFor all of the rhetoric about the central place of authors in the copyright scheme, our copyright laws in fact give them little power and less money. Intermediaries own the copyrights, and are able to structure licenses so as to maximise their own revenue while shrinking their pay-outs to authors. Copyright scholars have tended to treat this point superficially, because – as lawyers – we take for granted that copyrights are property; property rights are freely alienable; and the grantee of a property right stands in the shoes of the original holder. I compare the 1710 Statute of Anne, which created statutory copyrights and consolidated them in the hands of publishers and printers, with the 1887 Dawes Act, which served a crucial function in the American divestment of Indian land. I draw from the stories of the two laws the same moral: Constituting something as a freely alienable property right will almost always lead to results mirroring or exacerbating disparities in wealth and bargaining power. The legal dogma surrounding property rights makes it easy for us not to notice.
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Tong, Ying. "Finite Element Analysis of TA15 Titanium Alloy Beam Hammer Forging Forming at Different Temperatures." Advanced Materials Research 339 (September 2011): 180–83. http://dx.doi.org/10.4028/www.scientific.net/amr.339.180.
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The hammer forging forming process of TA15 titanium alloy girder is taken as an example on this study. When girder were formed at different original temperature as 850 °C、900 °Cand 950 °C, the needed hammering times and each hammer’s stroke and varieties of damage factor were researched respectively based on software Deform. By simulation analysis, the needed hammering times is 7 times, 5 times and 4 times in order, and the damage factor which dangerous place located at the right top fillet of girder reached the highest point at about 86mm stroke ,and the original temperature 950 °C gave the best answer. The results are significant theoretical foundation for the practical production and study of TA15 titanium alloy.
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Aris, Ismail, Irfan Amir, and Septian Amrianto. "KONSTITUSIONALITAS HAK ANGKET DEWAN PERWAKILAN RAKYAT (DPR) TERHADAP KOMISI PEMBERANTASAN KORUPSI (KPK)." Al-Adalah: Jurnal Hukum dan Politik Islam 4, no. 2 (October 10, 2019): 135–58. http://dx.doi.org/10.35673/ajmpi.v4i2.436.
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The development of the state institutional theory requires that it no longer seals every State institution only to depend on 3 (three) branches of power as the teaching of the new separation of power theory. On the other hand, the decision of the Constitutional Court and the Revision of the KPK Law are placed as executive institutions. So it is debated whether the KPK is a subject that can be rounded up, because it is an executive institution or the KPK cannot be made a subject of questionnaire rights because of its position as an independent agency agency? This study aims to determine and analyze the authority of the DPR's questionnaire rights to the KPK and the constitutionality of the DPR's Questionnaire Rights to the KPK Perspectives on the revision of the KPK Law and Comparison in Various Countries. This type of research is the type of normative legal research. The approach used is the legislation approach and comparative law (comparison approach), the philosophical approach to the law (philosophical approach).The results of the study showed that the constitutionality of the DPR questionnaire rights was based on the original intent of the questionnaire right norm in a comprehensive draft amendment to the Basic Law, the questionnaire right was only aimed at state institutions of the executive family. In addition, Constitutional Court Decision No. 36-40 / PUU-XV / 2017, which categorizes the Corruption Eradication Commission as a group of executive institutions is in conflict with other Constitutional Court decisions, namely Decision of the Constitutional Court Number 012-016-019 / PUU-IV / 2006, 19 / PUU-V / 2007, 37-39 / PUU-VIII / 2010. 5 / PUU-IX / 2011, places the KPK as an independent agency and is categorized as faste jurisprudence (permanent jurisprudence). In addition, theoretically, the teaching of the new theory of separation of power teaches that it is no longer appropriate to place State institutions based only on 3 (three) branches of power. While the constitutionality of the DPR's questionnaire rights to the KPK Perspective of the revision of the KPK Law and Comparison in Various Countries is based on the results of research by researchers that the KPK's position in various countries is independent or dependent. For example, in South Africa, Zimbabwe, Egypt and Thailand. Likewise with the subject of state institutions that can be researched, there are no countries that address the right of questionnaires to these independent institutions. For example, the United States of America, Philippines, South Africa, all of whom address the questioning right of inquiry only as an executive state institution.
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Gazeau, Chrystelle. "The right to have rights or to act in order to exist. Arendtian readings." Suprema - Revista de Estudos Constitucionais 2, no. 2 (December 19, 2022): 127–54. http://dx.doi.org/10.53798/suprema.2022.v2.n2.a135.
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This article analyzes the Arendtian meaning of the formula “the right to have rights”. It shows the importance and the influence of an original thought which places popular and collective action at the heart of political life and which makes public space the area of freedom. The objective is therefore to show that when Hannah Arendt revises the classic definition of politics, understood as the link of domination between rulers and ruled, she provides useful reading keys for understanding the present and as many tools for projecting society of tomorrow. History (of thoughts, law and institutions) questions a work that challenges temporality. That of a condemned past, which threatens to repeat itself. That of a political grammar that claims to be eternal and, against it, that of this other past, which must inspire.
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Zerov, Konstiantyn. "Catch-up and Time shift as ways to use copyright and related rights." Theory and Practice of Intellectual Property, no. 5 (June 11, 2021): 43–50. http://dx.doi.org/10.33731/52020.233733.
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Zerov K. Catch-up and Time shift as ways to use copyright and related rights. Based on the provisions of the current Ukrainian legislation and the legislation of the European Union, the legal nature of the Catch-up right and the Time Shift right is investigated, and their place among other ways of using objects of copyright and related rights is determined as a combination of the right of reproduction and the right of communication to the public. The right of reproduction is applicable in the case of Catch-up right and Time Shift because when recording on the server of the software service provider of the broadcasting and (or) broadcasting program, theirnew fixation is created. The right of communication to the public is applicable in the case of Catch-up right and Time Shift because it combines «an act of communication» — uses a specific technical means different from that of the original communication, and is aimed at the «public.» In the case of Catch-up right and Time Shift, it is irrelevant whether the potential recipients access the communicated objects through a one-to-one connection because this technique does not prevent a large number of persons from having access to the same work at the same time.It was determined that these rights are granted to program service providers and other persons who retransmit programs of a broadcasting organization based on license agreements, which are paid and additional to the main contract for retransmission of a broadcasting organization's program. Moreover, the rights to Catch-up and Time Shift are limited in time (usually up to 7 calendar days for Catch-up and 24 hours for Time Shift from the moment of live broadcast). In the absence in the agreement of the conditions regarding the type of license, territory, and term of the agreement, the general provisions set out in Part 4 of Art. 1109, part 7 of Art. 1109 and part 3. Art. 1110 of the Civil Code of Ukraine, are appliable respectively. But usually these conditions may be different and more limited from the main license agreement for retransmission, for example Catch-up and Time Shift are geo-targeted to a specific area.Key words: Catch-up, Time Shift, communication to the public, reproduction, IPTV
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Hallett, Dominique. "RIGHTS! Civil and Human Rights Law Portal." DttP: Documents to the People 49, no. 1 (April 5, 2021): 7–8. http://dx.doi.org/10.5860/dttp.v49i1.7536.
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On September 1, 2020, LLMC, a non-profit Minnesota-based consortium of law libraries, launched the open-access portal RIGHTS! (http://www.llmc.com/rights/home.aspx). If you are looking for primary materials such as current constitutions, human/civil rights acts, Non-Governmental Organizations’ websites, advocacy organizations, and other resources specifically dealing with injustices regarding marginalized parties, this is the place to look. Their stated mission is preserving legal titles and government documents, while making copies inexpensively available digitally through its on-line service, LLMC-Digital (http://www.llmc.com/about.aspx). The original intent was to focus on primarily US and Canadian sources, as seen by the dropdown navigation on the left of the site, but the site also includes other international sources. The page opens at the “Civil and Human Rights Law Portal—Global,” which includes links to various government organizations, judicial information, non-governmental organizations, research and education resources and various documents from different countries. The RIGHTS! site can also be reached through the parent page (http://LLMC.com) with the link to RIGHTS! Located in the right-hand column. The RIGHTS! Portal is sponsored by the Vincent C. Immel Law Library at Saint Louis University.
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Uchida, Tetsuya, Mariko Miyawaki, and Haruyasu Kinashi. "Chromosomal Arm Replacement in Streptomyces griseus." Journal of Bacteriology 185, no. 3 (February 1, 2003): 1120–24. http://dx.doi.org/10.1128/jb.185.3.1120-1124.2003.
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ABSTRACT UV irradiation of Streptomyces griseus 2247 yielded a new chromosomal deletion mutant, MM9. Restriction and sequencing analysis revealed that homologous recombination between two similar lipoprotein-like open reading frames, which are located 450 and 250 kb from the left and right ends, respectively, caused chromosomal arm replacement. As a result, new 450-kb terminal inverted repeats (TIRs) were formed in place of the original 24-kb TIRs. Frequent homologous recombinations in Streptomyces strains suggest that telomere deletions can usually be repaired by recombinational DNA repair functioning between the intact and deleted TIR sequences on the same chromosome.
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Wiemers, Serv. "The International Legal Status of North American Indians After 500 Years of Colonization." Leiden Journal of International Law 5, no. 1 (February 1992): 69–90. http://dx.doi.org/10.1017/s0922156500001990.
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Next year, the ‘discovery’ of America by Columbus, 500 years ago, will be commemorated. The discovery of America started a time of colonization for the original inhabitants, the Indians. Since the 1970s an Indian movement has emerged in North America demanding the Indians' ‘rightful place among the family of nations’. This article contains a survey of the current international legal position of Indians in North America. Wiemers holds that international legal principles, developed in the decolonization context, are applicable to the North American Indian population. The right of a people to selfdetermination is the most discussed one.
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Denyer, Nicholas. "Why do Mirrors Reverse Left/Right and not Up/Down?" Philosophy 69, no. 268 (April 1994): 205–10. http://dx.doi.org/10.1017/s0031819100046842.
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Imagine a child′s toy arrow, sticking by its rubber sucker to a mirror′s reflective surface. We can call the direction in which such an arrow would point the finwards direction (forwards into the mirror); and we can call the opposite direction boutwards (backwards out). When we look at things in a mirror, their images are apparently just as far finwards of the mirror as the things themselves are boutwards of it. For example, if we look at the tail of our arrow and cast our glance finwards, we see first the tail, then the head, then the mirror, then the reflection of the head, and finally the reflection of the tail. We can therefore say that a mirror reverses things in the finwards/boutwards dimension. Moreover, the straight line connecting each thing to its image passes perpendicularly through the plane of the mirror. Hence there is no plane, apart from that of the mirror itself, such that the apparent location of each thing′s image is just as far to the one side of that plane as the original is to the other. This means that the reversal in the finwards/ boutwards dimension is the only reversal of its kind to take place. In particular, there is no such reversal in any dimension at right angles to finwards/boutwards.
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Pramurti, Rifzki Dhiah. "AKIBAT HUKUM PENGALIHAN HAK ATAS MEREK TERDAFTAR BERDASARKAN AKTA HIBAH WASIAT." NOTARIUS 11, no. 1 (May 11, 2018): 130. http://dx.doi.org/10.14710/nts.v11i1.23131.
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Abstract The transfer of rights to a trademark is provided in Article 41 paragraph (1) of Law Number 20 of 2016, in which case the right to a registered mark may be transferred or transferred because of a grant of a will, in which case after the transfer of title to the mark takes place, Submission. The transfer of rights to a mark by an authentic deed made by a Public Official or Notary has legal certainty with the anatomy of the deed in accordance with the provisions of Article 38 of Law Number 2 of 2014 concerning Notary Position. Insofar as the contents of the transfer agreement of the grant will not be denied by the parties, the deed shall have the perfect proof power to be used as evidence in the Court. The transfer of Right to Trademark to another person has the consequence that the recipient of the right of a mark shall be obligated to administer and finance the recording of the transfer of rights to the mark officially to the Directorate of Trademark, Directorate General of Intellectual Property, in the event of a transition through the grant, the original owner of the mark shall provide the original certificate Brands and power of attorney to regulate the application for the transfer of rights to the mark. AbstrakPengalihan hak atas merek diatur di dalam Pasal 41 ayat (1) Undang- Undang Nomor 20 Tahun 2016, yang dalam hal ini hak atas merek terdaftar dapat beralih atau dialihkan karena hibah wasiat yang dalam hal ini setelah pengalihan hak atas merek terjadi, harus diikuti dengan penyerahan. Pengalihan hak atas merek dengan akta otentik yang dibuat oleh Pejabat umum atau Notaris memiliki kepastian hukum dengan anatomi akta yang sesuai dengan sebagaimana diatur didalam pasal 38 Undang-undang Nomor 2 tahun 2014 tentang tentang Jabatan Notaris. Sejauh isi perjanjian pengalihan hibah wasiat tersebut tidak dapat disangkal oleh para pihak, maka akta tersebut memperoleh kekuatan pembuktian yang sempurna untuk dijadikan alat bukti di Pengadilan. Peralihan Hak atas Merek kepada orang lain memiliki konsekuensi bahwa penerima hak merek wajib untuk mengurus dan membiayai pencatatan pengalihan hak atas merek secara resmi ke Direktorat Merek, Direktorat Jendral Hak Kekayaan Intelektual, dengan adanya peralihan melalui hibah wasiat tersebut, maka pemilik awal merek memberikan sertifikat asli merek dan surat kuasa utuk mengatur permohonan penyerahan hak atas merek.
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Furlan, Timothy. "Principles and Judgments in Rawls’s Theory of Justice." International Philosophical Quarterly 61, no. 3 (2021): 317–33. http://dx.doi.org/10.5840/ipq2021617176.
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In this paper I argue that the right to equal respect and consideration that Rawls incorporates into the original position by means of the veil of ignorance cannot provide support for his two principles of justice independently of an appeal to considered judgments. The trouble is that this right is intolerably vague. The crucial terms are neither transparent in meaning nor clearly definable, and so they can only be understood against a background of considered judgments. To the extent that the principle is kept vague, it places no constraints on the conditions of the original position. To the extent that its meaning is specified, its interpretation presupposes the very principles and considered judgments that are supposed to be independently justified by the device of the original position. Finally, I respond to Norm Daniels’s claim that “wide reflective equilibrium” provides a way to test moral principles independently of their respective considered judgments.
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Krieger, Morgana G. Martins, Marlei Pozzebon, and Lauro Gonzalez. "When social movements collaborate with the state towards the right to the city: Unveiling compromises and conflicts." Environment and Planning A: Economy and Space 53, no. 5 (January 14, 2021): 1115–39. http://dx.doi.org/10.1177/0308518x20981616.
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The right to the city represents a critique of the city as a place and an object of capitalist accumulation, in which priority is given to exchange value over use value. This critique references an ongoing and collective struggle for urban production to be radically democratic, as the expanded participation of city users would lead to appropriation, with social movements occupying a central role. This paper discusses the practices of urban social movements that cooperate with governmental institutions participating in and influencing the design and implementation of public policies. We focus on the possibilities of transformation towards the right to the city as well as the conflicts and contradictions that social movements face when partnering with the State. We carry out an in-depth investigation of two social movements involved in building housing units in Brazil as part of a federal government programme. By conceptually translating the right to the city into the economies of worth, we propose an original theoretical approach. Our study contributes to advance the understanding of the role of social movements that collaborate with governments without abandoning the goal of struggling for the right to the city. We add a pragmatic perspective to the radical conception of the right to the city by showing how different logics of action enable or hinder the possibility of the right to the city horizon. We propose that the prominence of the civic common world might transform operational processes mainly through self-management.
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Cacciamani, Laura, Larisa Sheparovich, Molly Gibbons, Brooke Crowley, Kalynn E. Carpenter, and Carson Wack. "Task-Irrelevant Sound Corrects Leftward Spatial Bias in Blindfolded Haptic Placement Task." Multisensory Research 33, no. 4-5 (March 17, 2020): 521–48. http://dx.doi.org/10.1163/22134808-20191387.
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Abstract We often rely on our sense of vision for understanding the spatial location of objects around us. If vision cannot be used, one must rely on other senses, such as hearing and touch, in order to build spatial representations. Previous work has found evidence of a leftward spatial bias in visual and tactile tasks. In this study, we sought evidence of this leftward bias in a non-visual haptic object location memory task and assessed the influence of a task-irrelevant sound. In Experiment 1, blindfolded right-handed sighted participants used their non-dominant hand to haptically locate an object on the table, then used their dominant hand to place the object back in its original location. During placement, participants either heard nothing (no-sound condition) or a task-irrelevant repeating tone to the left, right, or front of the room. The results showed that participants exhibited a leftward placement bias on no-sound trials. On sound trials, this leftward bias was corrected; placements were faster and more accurate (regardless of the direction of the sound). One explanation for the leftward bias could be that participants were overcompensating their reach with the right hand during placement. Experiment 2 tested this explanation by switching the hands used for exploration and placement, but found similar results as Experiment 1. A third Experiment found evidence supporting the explanation that sound corrects the leftward bias by heightening attention. Together, these findings show that sound, even if task-irrelevant and semantically unrelated, can correct one’s tendency to place objects too far to the left.
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Presley, Carolyn J., Cary P. Gross, and Rogerio C. Lilenbaum. "Optimizing Treatment Risk and Benefit for Elderly Patients With Advanced Non–Small-Cell Lung Cancer: The Right Treatment for the Right Patient." Journal of Clinical Oncology 34, no. 13 (May 1, 2016): 1438–42. http://dx.doi.org/10.1200/jco.2015.65.9599.
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The Oncology Grand Rounds series is designed to place original reports published in the Journal into clinical context. A case presentation is followed by a description of diagnostic and management challenges, a review of the relevant literature, and a summary of the authors’ suggested management approaches. The goal of this series is to help readers better understand how to apply the results of key studies, including those published in Journal of Clinical Oncology, to patients seen in their own clinical practice. A 78-year-old woman with a 40-pack-year smoking history has been referred for treatment of advanced non–small-cell lung cancer. She presented with a persistent cough and worsening dyspnea on exertion. A chest x-ray followed by a chest computed tomography scan revealed a 3-cm right upper lobe mass along with a moderate-size pleural effusion. Pleural fluid cytology was positive for adenocarcinoma. A brain magnetic resonance imaging scan was negative. A reflex molecular profile, including KRAS, EGFR, ALK, BRAF, HER2, RET, MET, and ROS, did not reveal an actionable abnormality. Her past medical history includes diabetes, hypertension, and osteopenia. Her medications include a β-blocker, angiotensin-converting enzyme inhibitor, oral antidiabetic agent, calcium, and vitamin D. The laboratory evaluation is notable for a hemoglobin of 10.8 g/dL and a creatinine clearance of 36 mL/min. The other laboratories are within normal limits. She is somewhat limited by the shortness of breath but maintains an Eastern Cooperative Oncology Group performance status of 1. She is independent in all of her instrumental and basic activities of daily living and denies falls. She has been referred to discuss treatment options.
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Akhtar, Zia. "Restorative Justice." Global Journal of Comparative Law 2, no. 1 (2013): 60–90. http://dx.doi.org/10.1163/2211906x-00201003.
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The nominal sovereignty that the indigenous tribes exercise in the US is further constrained by the federal government exercising the powers of trustee and restricting their rights of alienation over lands. The plenary authority of Congress allows the enactment of all laws impacting on Indians that the federal government deems necessary. It is of overriding effect and has led to the emergence of a land law theory that preserves the power of preemption over the tribal nations. This legal framework dates back to the Marshall doctrine and the Indian Trade and Intercourse Act 1790. The issue is: can there be a reversal of the extinguished title for the indigenous peoples and an assertion of their original claim to rightful ownership? This article compares the land theory that prevails in the US with the developments that have taken place in common law countries, such as Canada and Australia, and concludes that there needs to be an affirmation of the principle of a right in land for the Native people rather than them being ‘tenants at will’ of the federal government.
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Sparkes, Peter. "Exclusive Burial Rights." Ecclesiastical Law Journal 2, no. 08 (January 1991): 133–51. http://dx.doi.org/10.1017/s0956618x0000106x.
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A distressing example of double conveyancing came to light inReed v Madon. A family had purchased exclusive rights of burial in a private burial ground, but one of the plots was resold, and a burial under this second title occurred before the original grantees had time to object. On the facts, the loss of the exclusive burial right could be effectively compensated in damages. This removed the need for Morritt J. to rule on some of the interesting points of law raised by exclusive burial rights. There was no authority concerned solely with a private burial ground. It was necessary therefore to argue by analogy from corresponding rights granted in other burial places, especially churchyards. It is now proposed to explore these issues.
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Bharagavi, S., and Banuprathap Pv. "System capacity improvement by on demand channel allocation in Femto and macro cell networks." International Journal of Engineering & Technology 7, no. 1.9 (March 1, 2018): 242. http://dx.doi.org/10.14419/ijet.v7i1.9.10005.
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Entire arrangement progress femtocells characterize a right likely response to the constantly increasing transmission constrain demand of adaptable areas. They could be clearly passed on without requesting a focal expecting to pass on the high information speed orchestrate through aim perfect scope. The Femtocells are low power, actuallesser and cost in real cell base district utilized in the inside condition. Regardless, the impact of the Femtocells is the introduction of the straight Macrocell structure indications impediment issue among the Femtocells also earlier Macrocellsby strategy for they can part of the similar approved rehash run. The Frequency Reuse is a centrality of sending the rehash supply distribution upon station's place to recuperate framework limit. This paper, a fit strategy to develop structure restrict through inter vent ionorganization in the current Femto Macro 2layer systems has been planned. In the planned system, a original rehash saving for 2layersthe cell organizes by systems for rehash reuse technique is utilized wherever Macro base placesallot rehash sub-groups portrayed out for the Femtocells operators on demand based one the Femtocells base places toward stop impedance.
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Badashvili, Medea, Anastasiya Byelousova, Parth Gupta, Amy H. Liu, Elise Pizzi, Michael Sanchez, Lela Shengelia, Mariana Unapkoshvili, Lyndsey Wang, and Katherina Wierschke. "A spatial-based explanation for institutional trust in Georgia: Evidence from the maternal healthcare system." Journal of Eurasian Studies 13, no. 1 (January 2022): 82–96. http://dx.doi.org/10.1177/18793665221079344.
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When an institution is not easily accessible—for example, it is geographically far—it can be hard for institutional trust to develop. The institution is not only unavailable, but it can also be seen as inappropriate, non-affordable, unapproachable, and unacceptable. In this paper, we examine whether reducing distance to medical facilities and professionals can improve trust in the maternal healthcare system. We do so by focusing on developments in Georgia. Since 2013, the government has aggressively closed the distance to service access not by building more facilities or hiring more staff per se, but by upgrading and funding existing facilities and professionals in a national network to better coordinate service provisions at the local levels. Employing an original survey, we match GPS coordinates to measure distance and use regression analysis to demonstrate how ensuring every woman has access to maternal healthcare at the right place at the right time has improved institutional trust in the system. The implications highlight results that are generalizable beyond both the country and maternal healthcare.
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Khushalani, Nikhil I. "Duration of Anti–Programmed Death-1 Therapy in Advanced Melanoma: How Much of a Good Thing Is Enough?" Journal of Clinical Oncology 36, no. 17 (June 10, 2018): 1649–53. http://dx.doi.org/10.1200/jco.2017.76.8275.
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The Oncology Grand Rounds series is designed to place original reports published in the Journal into clinical context. A case presentation is followed by a description of diagnostic and management challenges, a review of the relevant literature, and a summary of the authors’ suggested management approaches. The goal of this series is to help readers better understand how to apply the results of key studies, including those published in Journal of Clinical Oncology, to patients seen in their own clinical practice. A 53-year-old healthy man presented with recurrent in-transit melanoma of the right lower extremity. Eight years prior he had undergone wide local excision and sentinel lymph node biopsy for invasive melanoma of the anteromedial aspect of the distal right thigh. Pathology revealed an ulcerated melanoma, Breslow depth 3.5 mm, and with one involved micrometastatic inguinal lymph node. Staging studies did not demonstrate distant metastases. Superficial inguinal node dissection was performed and did not identify any additional metastatic nodes of 14 retrieved for a final pathologic staging of T3bN1aM0 (stage IIIB) cutaneous melanoma. He received 12 months of adjuvant high-dose interferon alfa-2b. Two years later, he developed a 1.2-cm subcutaneous focus of in-transit recurrence approximately 4 cm proximal to the original melanoma site in the right thigh, which was treated with surgical resection followed by adjuvant radiotherapy. Over the next 4 years, he underwent six additional surgeries for isolated in-transit recurrences affecting the same limb. He was referred for therapeutic options at the time of his latest in-transit recurrence. Examination revealed three palpable subcutaneous nodules in the right thigh in the setting of lymphedema. A core biopsy confirmed recurrent melanoma (Fig 1). Whole-body fluorodeoxyglucose positron emission tomography imaging revealed at least 17 hypermetabolic cutaneous and subcutaneous nodules in the right thigh, four fluorodeoxyglucose-avid nodules below the right knee, but no distant metastases (Fig 2A). Brain magnetic resonance imaging was normal. His serum chemistry profile, including lactate dehydrogenase, was normal. Molecular analysis demonstrated presence of BRAF V600E mutation in the tumor. After multidisciplinary evaluation, an isolated limb infusion procedure of the right lower extremity was not believed to be feasible, secondary to the proximal extent of the recurrence. Therapy was initiated with pembrolizumab at 2 mg/kg intravenously every 3 weeks.
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Barsh, Russel Lawrence. "Revision Of ILO Convention No. 107." American Journal of International Law 81, no. 3 (July 1987): 756–62. http://dx.doi.org/10.2307/2202032.
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Meeting for 10 days in Geneva last September, a group of 15 experts convened by the International Labour Office recommended substantial changes in ILO Convention No. 107, which for nearly 30 years has been the only binding international instrument on the rights of indigenous and tribal peoples. Noting the importance placed on the right to self-determination by indigenous peoples, the experts concluded that the Convention’s original emphasis on integration “no longer reflects current thinking” and should be replaced by the principle of affording these peoples “as much control as possible over their own economic, social and cultural development.” The Organisation’s Board of Governors approved the experts’ report in November, and placed the revision on the agenda for the 1988 General Labour Conference.
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Nadir, Najiah, Sara Shahruddin, and Jofry Othman. "Surfactant evaluation for enhanced oil recovery: Phase behavior and interfacial tension." Open Chemistry 20, no. 1 (January 1, 2022): 1110–20. http://dx.doi.org/10.1515/chem-2021-0115.
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Abstract Surfactant flooding is one of the successful techniques employed in enhanced oil recovery (EOR) to extract the remaining original oil in place after primary and secondary recoveries are performed. Selection of the right EOR surfactant is an important but demanding task due to a series of screening procedures that need to be executed to have a comprehensive evaluation. This article presents the experimental work done on the initial screening of ten surfactants from three different classes, namely nonionic, anionic, and amphoteric. The screening was completed with three consecutive series of testing, which are surfactant compatibility, phase behavior, and interfacial tension (IFT). Results showed that an anionic surfactant, sodium decylglucoside hydroxypropyl phosphate, passed all tests with the lowest IFT value of 8 × 10−3 mN/m at 0.1 wt% of surfactant concentration.
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Neary, Megan. "Lev’s Pawn Shop." After Dinner Conversation 3, no. 12 (2022): 82–92. http://dx.doi.org/10.5840/adc2022312114.
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Who deserves more credit, those who correct past wrongs, or those who never commit the wrong in the first place? Is it ever too late to do good? In this philosophical short story fiction, Lev is nearing the end of his life as a pawn shop owner. Upon reflection, he feels he frequently took advantage of those who were most in need, and wants to “examine his account with God.” To set things right, he goes about the process of freely returning all the items he has in his store to their original owners. Some items have been in his store for years, however, some owners, now decades older, he is still able to find. He returns the items he finds, and listens to their stories about why they originally sold them.
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Maidanyk, Liubov. "NFT: a private law view through the link with copyright." Theory and Practice of Intellectual Property, no. 1 (June 3, 2022): 16–27. http://dx.doi.org/10.33731/12022.258183.
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Keywords: NFT, copyright, virtual assets, nonfungible tokens.
This article is devoted to the study of non-fungible tokens (NFT) as a new tool, which due to its technical features is unique and unrepeatable and has recently been widely used by art collectors. This article attempts to define the legal understanding of nonfungible tokens from the perspective of civil law, as well as copyrights. In order to achieve this goal, the article identifies the main legally important components of theNFT creation process, which not least determine the place in the system of objects of law. This article defines certain approaches to the understanding of virtual (digital) property in relation to the category of crypto-asset (virtual asset) under Ukrainian law, as a result of which the position about the possibility of attributing NFT for certain conditions is substantiated. The position about the possible obligatory nature ofNFT is substantiated. The possibility of obtaining copyright on the work in connection with which NFT is created, as well as the emergence of resale right is analysed.It is concluded that NFT is not a work, and is not the result of acquiring intellectual property rights, but can only certify property rights. NFT can be secured by a property right of claim, for example concerning the transfer of a property, including the original work of art, the image of which is used for such NFT. NFT is not a separate copyright object, as technically, it is only a metadata associated with a digital file — a digital copy of a copyright or related rights object. The use of the copyrighted work on NFT can be lawfully executed only with the permission of the copyright holder. The use of the NFT copyright may be deemed unlawful under certain conditions, which requires separate permission from the copyright holder.
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Willcocks, R. M. "COMMERCIAL ASPECTS OF UNDERGROUND GAS STORAGE IN AUSTRALIA." APPEA Journal 27, no. 1 (1987): 28. http://dx.doi.org/10.1071/aj86003.
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Underground gas storage is becoming increasingly important in Australia with the discovery of significant gas reserves, mostly in places distant from the expanding markets for gas.Gas has been stored in the offshore Barracouta Field since 1971 and storage projects are either being considered or underway in New South Wales, South Australia, Western Australia and the Northern Territory.Although not a great deal of attention has been paid to the legal, tax and administrative aspects of underground gas storage, the position is likely to change the more it becomes apparent that such storage is commercially and technically viable.The applicable legal regime will depend on the location of the storage. Offshore gas storage on the continental shelf beyond the coastal waters of a state is subject to Commonwealth jurisdiction. In state coastal waters, it is subject to state laws. Onshore, it is subject to the jurisdiction of the state or territory in which the storage occurs.Offshore beyond state coastal waters the Australian government has sovereign rights over the continental shelf for the purposes of exploring the continental shelf and exploiting its natural resources.There are a number of legal uncertainties which arise from gas storage which will be of concern to financiers as well as gas storers. With certain exceptions, there is doubt as to ownership of stored gas, and the right to inject and store gas. The right of withdrawal however would appear to fall under the right which normally exists under a production lease to 'mine' petroleum, or to conduct 'petroleum mining operations'. Except in Victoria, and to a significantly lesser extent South Australia, there is very little legislative guidance on the topic and related issues.The question whether stored gas is trading stock is the subject of Income Tax Ruling 2190 of 10 September 1985. This puts at rest, in practical terms, in any event, some of the doubts which existed as to the characterisation for income tax purposes of gas stored near the place of original extraction — the ruling concluded that 'reinjected processed gas should not be treated as trading stock for income tax purposes'.It is concluded that there is a good case for those Australian jurisdictions in which gas storage is occurring, or is about to occur, to provide legislation to eliminate the uncertainties.
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Aksamit, Diana. "Identity under the shadow of profound intellectual disability – on the need for support, mapping of issues and scientific considerations." Men Disability Society 50, no. 4 (December 31, 2020): 95–108. http://dx.doi.org/10.5604/01.3001.0014.5018.
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Everyone has the right to participate in social life regardless of personal situation, level of psychosocial functioning, gender, race or type of disability. The inherent condition of interpersonal contacts, taking place in the social space and constituting the basis of social life, is the desire to establish social relations and perceiving another participant in this process as an exceptional, original component. According to this, every person has the right to participate actively in social life, to be a part of it as “I” in order to create “we”. The aim of the article is to discuss and propagate scientific considerations about the possibilities and limitations of supporting the process of shaping the identity (personal and social) of people with profound intellectual disabilities. The article has an analytical character and aims to map the identity of people with profound intellectual disabilities in scientific and practical studies. It identifies areas and the type of support that will contribute to the development of the psychosocial identity of individuals with profound intellectual disabilities. It also presents factors resulting from the specificity of profound intellectual disabilities which may hinder the process of carrying out assistance for the given group by the supportinstitutions.
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Parkhomenko, A. D. "Similarities and Differences of Approaches to the Legal Regulation of Subsidiary Liability of Persons Controlling the Debtor in Russian and Foreign Law." Actual Problems of Russian Law 16, no. 12 (October 25, 2021): 35–44. http://dx.doi.org/10.17803/1994-1471.2021.133.12.035-044.
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The paper constitutes a comparative legal study of some aspects of subsidiary liability of persons controlling the debtor and its foreign counterparts. Taking into account the experience of foreign countries in the regulation of these relations, the author draws parallels between different approaches to this legal phenomenon using foreign literature and judicial practice. The key aspect of the problem of liability of persons controlling the debtor is the existence of two opposite legal principles: organizational and property isolation of a legal entity and inadmissibility of abuse of the right. Bringing the persons controlling the debtor to subsidiary liability makes it possible to erase the boundaries of isolation of a legal entity and to identify its property with the property of its controlling persons for the purpose of satisfying the creditors’ claims. Thus, creditors of a legal entity have the opportunity to restore the violated right at the expense of the property of a de facto third party that is not a party to the original obligations. In foreign legal orders, the study of this ratio takes place over a long period. During this time, a certain theoretical understanding was formed, as well as law enforcement practice in this area.
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Thomas, Erik R. "The Origin of Canadian Raising in Ontario." Canadian Journal of Linguistics/Revue canadienne de linguistique 36, no. 2 (June 1991): 147–70. http://dx.doi.org/10.1017/s0008413100014304.
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One of the best known and most controversial features of Canadian English is the vocalic feature labeled by Chambers (1973) as “Canadian Raising”, which affects the /aI/ of right and the /aU/ of lout. This feature represents a situation in which the onset of the diphthong is closer to the target of the glide before fortis consonants than before lenis consonants: for instance, ride may have [aε] and right [3I], and loud may have [ao] but lout [ʌU]. Many of the previous studies of the feature, beginning with its original description by Martin Joos (1942), who raises the question of whether the second syllable of typewriter has the raised or non-raised variant, have involved the syllabification rules that determine when the onset is raised and when it is not. Chambers (1973) demonstrates that writer normally has the raised variant and shows that the relative stress on particular syllables can prevent raising from taking place in some cases where the diphthong occurs before a voiceless consonant. Vance (1987), Paradis (1980), and Chambers (1989) also deal with this latter problem, reformulating it in terms of linear (Vance) or Kahnian (Paradis, Chambers) theories of syllable formation.
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LaRue, James. "My Intellectual Freedom Journey: Reclaiming a Moral Sanction for the Public Sector." Journal of Intellectual Freedom & Privacy 3, no. 2-3 (January 15, 2019): 5. http://dx.doi.org/10.5860/jifp.v3i2-3.6886.
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Intellectual freedom—the idea that all people have the right to express themselves freely and access the expressions of others—is a core value of librarianship. But every value, every institution, must go through a kind of rediscovery with each generation. This “re-valuing” is necessary and right. Do our institutions serve us, or are we forced to serve them? Do we practice what we say we believe? An example of this re-evaluative process concerns the promise, the vision, of the Declaration of Independence. Jefferson wrote, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” But that clear statement of “self-evident truths” was on the one hand immediately contradicted by the explicit endorsement of slavery (3/5ths of a human being), and by the denial of a vote to women. Nonetheless, the underlying idea was so powerful and compelling that subsequent generations returned to it again and again, edging closer to the original vision.I believe that intellectual freedom is under such a review by librarians now. I believe, too, that the value remains an abiding and powerful call to service.In this article I will present three snapshots from my own intellectual freedom journey. Each has a context in time that may lend depth of understanding to today’s challenges. Perhaps, too, it will point the way to a new place for intellectual freedom in our work.
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Johnston, Simon. "PSR B1259–63: Periastron Puzzles." International Astronomical Union Colloquium 160 (1996): 501–8. http://dx.doi.org/10.1017/s0252921100042226.
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I was fortunate enough to have been involved with unravelling the secrets of PSR B1259-63 right from the start. The major part of my PhD thesis was a large survey of the southern galactic plane at an observing wavelength of 20 cm. Confirmation of a further batch of good-looking pulsar candidates from the data processing took place in November 1989 at the Parkes radio telescope in central New South Wales, Australia. My fellow student Jeremy Lim and I were in the control room when the 47.7 ms periodicity of PSR, B1259–63 was confirmed. At first, the slight increase in period from the original detection led us to believe we had discovered a ‘Crab-like’ pulsar. However by the end of the following year we realised we had something much more exciting on our hands.
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Rohr, Lucia Katharina, Sandra Valongueiro, and Thália Velho Barreto de Araújo. "Delivery care and the inadequacy of the obstetric care network in Pernambuco." Revista Brasileira de Saúde Materno Infantil 16, no. 4 (December 2016): 447–55. http://dx.doi.org/10.1590/1806-93042016000400006.
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Abstract Objectives: this study aims to evaluate parturition distribution of live-born children within the First Health Regional Administration (GERES I) in the state of Pernambuco, Brazil in 2012. Methods: live Birth Certificates were used to evaluate displacements between pregnant women's residential municipalities and birth localities. Flux maps were constructed to represent pregnant women transferred to Recife, and the estimated number of live-borns with high-risk and regular births was calculated for each municipality. Results: in 2012, only 50% of the births of live babies in the GERES I took place at the original residential municipality of the mother. In Recife, the number of childbirths was 1.5 times greater than expected for this year, with 56% representing non-residents. Eleven municipalities of the GERES I have maternity hospitals, however, none of these responded to the expected number of regular risk births. Conclusions: this disruption of the obstetric network leads to the disrespecting of women's right to know beforehand the place of childbirth and to create bonds with it. Municipalities perform fewer childbirths than expected, resulting in unnecessary transfers and the overloading of maternity hospitals in Recife.
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Černý, Miroslav. "Libri Feudorum und Ihr Ort in der Mittelalterlichen Rechtsgeschichte." Krakowskie Studia z Historii Państwa i Prawa 6, no. 4 (2013): 341–50. http://dx.doi.org/10.4467/20844131ks.13.021.1696.
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Libri Feudorum and Their Meaning in the Medieval Legal History Feudal Law, that was originally divided and fragmented like the entire medieval feudal world in which the law was created from disparate sources, gradually found its stable place alongside rediscovered Roman law and the newly organized canon law. At first, between 1154 and 1158, Obertus dall'Orto, a consul in Milan and expert of practical application of feudal law, wrote two letters to his son, Anselm, in which he summed up the elements of feudal law. This version is known as „Compilatio antiqua”. Around 1240 he was followed by Jacopo d’Ardizzone who wrote Summa feudorum. The last work called the Vulgate or Accursiana, that was divided into two books, was then incorporated in the most privileged place, right in the glossed Justinian legislation, behind the Novellae as the tenth amendment: Collatio. The subjects of these books included feudal relations between individual persons, a description of the investiture, different kinds of fiefs and the possibility of inheriting them. However, while Roman law of glossators was beginning its second life, feudal law represented rather the type of social relationships that (emptied from its original content) was coming to an end.
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Verina, Ulyana, and Andrea Grominová. "M. Valek, G. Aygi and “Woman on the Right”, or The first Slovak translation of G. Aygi’s poetry in the context of the 1960s and modern reception." Philological Sciences. Scientific Essays of Higher Education, no. 4 (July 2021): 80–87. http://dx.doi.org/10.20339/phs.4-21.080.
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The book of poetry by G. Aygi was translated and published into Slovak language as “Žena sprava” (“The Woman on the Right”) in 1967. The same year the book was translated into Czech language. It is the Czech translation that occupies the first place in the research and bibliography of G. Aygi’s publications. The paper examines the features of the Slovak translation through the views of the translator and poet M. Valek. The translations appeared when Slovak poets were in search of finding a modern artistic language and modifying the original in accordance with the artistic concept of the poet-translator. M. Valek’s interest in the poetry of G. Aygi was associated with the same range of problems. The translations have an imprint of M. Valek’s own stylistics and demonstrate his priority for existentiality and metaphor, which he emphasizes, leading to neglecting the peculiarities of the original form. The contemporary Slovak translations of G. Aygi’s poetry are more focused on the transfer of formal innovation, the preservation of the author’s punctuation and graphics. However, the novelty of G. Aygi’s verses, which is still far from being fully explored, was comprehensively analyzed only in the 2000s and contemporary translators rely on new theory as well as a rich history of translations.The novelty of the paper is that it compares the translations of different years, the views of G. Aygi and M. Valek on free verse, and also provides an assessment of the translations by G. Aygi himself.
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SOKOLOVSKIY, KONSTANTIN. "THE CORRELATION BETWEEN NATIONAL AND INTERNATIONAL LEGISLATION ON FREEDOM OF RELIGION: INTERACTION ISSUES." Sociopolitical Sciences 11, no. 6 (December 6, 2021): 122–28. http://dx.doi.org/10.33693/2223-0092-2021-11-6-122-128.
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Relevance. Issues of discussion of international and national law have acquired particular relevance in the light of constitutional changes, occurred in 2020 in the Russian Federation. The primacy of national law, enshrined at the level of the Constitution of the Russian Federation, has significantly changed the interaction between the national and international legal order. At the same time, the sphere of freedom of conscience (religion) is one of the most important areas of legal regulation, which has both national and international legal aspects, which determines the relevance of the chosen research goal. The Purpose of the study is to analyze international legal and domestic regulation in the sphere of ensuring the right to freedom of conscience (religion), as well as to identify and resolve urgent problems of interaction of systemic law in the context of the right to freedom of conscience. The research objectives are: 1) determination of the place of the right to freedom of conscience (religion) in the system of international and national legal regulation, in particular, analysis of the concepts of “absolute law”, “jus cogens”, “general international law”; 2) consideration of the issue of the boundaries of freedom of religion in the understanding of the national law of the Russian Federation and international law. As a result of the accomplishment of the task, it is proposed to identify the main differences in this issue between the domestic and international legal order, as well as to put forward proposals to eliminate this discrepancy. Methodology. The key tool was the method of comparative analysis, as well as system analysis. In the course of the study, the main acts of the current legislation of the Russian Federation in the field, the most important international legal acts, the works of prominent specialists in international and constitutional rights were analyzed, a study of law enforcement acts (the practice of the courts of the Russian Federation, the European Court of Human Rights) was carried out. Conclusions. As a result, original conclusions were obtained regarding the need for the doctrinal inclusion of norms on freedom of conscience (religion) in the system of international common law. The conclusion is made about the need for a more complete consideration of the position of international judicial bodies in the legislative movement of the boundaries of the right to freedom of conscience (religion).
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Solé, Ricard. "The major synthetic evolutionary transitions." Philosophical Transactions of the Royal Society B: Biological Sciences 371, no. 1701 (August 19, 2016): 20160175. http://dx.doi.org/10.1098/rstb.2016.0175.
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Evolution is marked by well-defined events involving profound innovations that are known as ‘major evolutionary transitions'. They involve the integration of autonomous elements into a new, higher-level organization whereby the former isolated units interact in novel ways, losing their original autonomy. All major transitions, which include the origin of life, cells, multicellular systems, societies or language (among other examples), took place millions of years ago. Are these transitions unique, rare events? Have they instead universal traits that make them almost inevitable when the right pieces are in place? Are there general laws of evolutionary innovation? In order to approach this problem under a novel perspective, we argue that a parallel class of evolutionary transitions can be explored involving the use of artificial evolutionary experiments where alternative paths to innovation can be explored. These ‘synthetic’ transitions include, for example, the artificial evolution of multicellular systems or the emergence of language in evolved communicating robots. These alternative scenarios could help us to understand the underlying laws that predate the rise of major innovations and the possibility for general laws of evolved complexity. Several key examples and theoretical approaches are summarized and future challenges are outlined. This article is part of the themed issue ‘The major synthetic evolutionary transitions’.
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Kockel, Ullrich. "Editorial." Anthropological Journal of European Cultures 17, no. 1 (March 1, 2008): 1–4. http://dx.doi.org/10.3167/ajec.2008.01701001.
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With this issue, AJEC returns to its original format as a journal with, for the time being, two issues per year. When the first issue was published in 1990 by the European Centre for Traditional and Regional Cultures (ECTARC), Europe was a different place. As the director of ECTARC, Franz-Josef Stummann (1990: 7), explained in his introduction to that issue, the ‘magical date of 1992’, heralding the Single European Market as a significant step towards European integration, had ‘a substantial bearing’ on the foundation of the journal. Moreover, the Berlin Wall, symbol of the political divide that cut right through Cold War Europe, had crumbled the previous year. German unification was imminent, but very little else seemed predictable. Eighteen years and two Gulf Wars later, not only has the European Union acquired fifteen new member states, ten of them former Communist countries, but we have also been told to perceive a new divide – between a ‘new’ Europe and an ‘old’ one.
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Antiufeev, Grigorii V. "Diagnostic tests under shifts with fixed filling tuple." Discrete Mathematics and Applications 31, no. 5 (October 1, 2021): 309–13. http://dx.doi.org/10.1515/dma-2021-0027.
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Abstract We consider a fault source under which the fault functions are obtained from the original function f(x̃ n ) ∈ $\begin{array}{} \displaystyle P_2^n \end{array}$ by a left shift of values of the Boolean variables by at most n. For the vacant positions of the variables, the values are selected from a given filling tuple γ̃ = (γ 1, γ 2, …, γn ) ∈ $\begin{array}{} \displaystyle E^n_2 \end{array}$ , which also moves to the left by the number of positions corresponding to a specific fault function. The problem of diagnostic of faults of this kind is considered. We show that the Shannon function $\begin{array}{} \displaystyle L_{\tilde{\gamma}}^{\rm shifts, diagn}(n), \end{array}$ which is equal to the smallest necessary test length for diagnostic of any n-place Boolean function with respect to a described fault source, satisfies the inequality $\begin{array}{} \displaystyle \left\lceil \frac{n}{2} \right\rceil \leq L_{\tilde{\gamma}}^{\rm shifts, diagn}(n) \leq n. \end{array}$
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Basabe, Vladimir V., John J. Jonas, and Chiradeep Ghosh. "Formation of Deformation-Induced Divorced Eutectoid Pearlite above the Ae1." Advanced Materials Research 409 (November 2011): 829–34. http://dx.doi.org/10.4028/www.scientific.net/amr.409.829.
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A 0.21% C plain carbon steel was deformed in torsion to strains of ε = 0.15-3.0 at a strain rate of ε ̇= 4.5 s-1 over the temperature range 722-822°C in a 5%H2-Ar gas atmosphere. The experimental parameters were varied in order to study the formation of ferrite and pearlite by dynamic transformation (DT) in the intercritical region. This transformation was observed right up to the highest experimental temperature (822°C). The pearlite formed by DT contained cementite spheroids whose size distribution evolved during isothermal holding after deformation. In the first stage, corresponding to the first 800 s of holding, spheroid coarsening took place. When the holding time exceeded 800 s, the spheroids dissolved and the pearlite reverted into the original parent austenite. The results indicate that pearlite can form by DT at temperatures well above the Ae1 and that the reverse static transformation is much slower than the forward dynamic transformation.
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Maier, Charles S. "Targeting the city: Debates and silences about the aerial bombing of World War II." International Review of the Red Cross 87, no. 859 (September 2005): 429–44. http://dx.doi.org/10.1017/s1816383100184322.
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AbstractThe article goes back to the early discussions of the morality of city bombing which took place before and during World War II and attempts to analyze both the moral argumentation and its historical context from the 1940s until today. The development of the doctrine of “collateral damage” which recognized that attacking enemy factories was permissible even if it cost the lives and homes of civilians was soon widened beyond its original notion. After the war, the dropping of the atomic bombs became an issue in its own right, to be considered separately from the earlier recourse to conventional bombing — even when conventional bombing achieved equally destructive results. Twin inhibitions have reigned in the issue of what force against civilians was justified: the reluctance of German commentators to seem apologetic for the Third Reich, and the difficulty in the U.S. of seeming to cast any aspersions on those who fought “the good war.”
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MARINA, JACQUELINE. "Schleiermacher on the outpourings of the inner fire: experiential expressivism and religious pluralism." Religious Studies 40, no. 2 (April 21, 2004): 125–43. http://dx.doi.org/10.1017/s0034412503006802.
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Both in the Speeches and in The Christian Faith Schleiermacher offers a comprehensive theory of the nature of religion, grounding it in experience. In the Speeches Schleiermacher grounds religion in an original unity of consciousness that precedes the subject–object dichotomy; in The Christian Faith the feeling of absolute dependence is grounded in the immediate self-consciousness. I argue that Schleiermacher's theory offers a generally coherent account of how it is possible that differing religious traditions are all based on the same experience of the Absolute. I show how Schleiermacher's programme can respond successfully to three related contemporary objections to religious pluralism: (1) different religions make competing truth-claims about the nature of reality and they cannot all be right; (2) differing traditions cannot all be based on a similar religious experience because all experience is interpreted; and (3) the pluralist needs to have criteria in place distinguishing real and illusory religious experience, but such criteria are elusive.
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McAdams, A. James. "What Remains? The Political Culture of an Unlucky Birth." German Politics and Society 20, no. 2 (June 1, 2002): 26–42. http://dx.doi.org/10.3167/104503002782385408.
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The future political culture of eastern Germany and, with it, the relationshipbetween unified Germany’s once divided populations willdepend heavily upon how all Germans respond to a distinctive factabout the east. The region experienced not one but, counting theGerman Democratic Republic (GDR), two separate eras of dictatorship.This fact can be, and has been, understood in two differentways, with significantly different implications in each case. The firstis the perspective of the victim. According to this view, the citizens ofthe GDR uniquely had to shoulder the burden of having been born,in effect, “in the wrong place.” Not only did they endure greaterhardships than their western counterparts, such as the rebuilding ofGermany after World War II, but they suffered by themselvesthrough the debilitating consequences of Soviet occupation and theirinability, until 1990, to act upon the right to “free self-determination”(to quote the original preamble of the Basic Law). As a result, accordingto this argument, easterners were owed special treatment afterunification because of their distinctive misfortunes.
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Nelson, A. W. "JABIRU FIELD — HORST, SUB- HORST OR INVERTED GRABEN?" APPEA Journal 29, no. 1 (1989): 176. http://dx.doi.org/10.1071/aj88018.
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With control from only the Jabiru 1A discovery well and a grid of seismic lines 3 km apart, original oil- in- place at Jabiru was estimated by the operator as 620 MMBBL (100 MkL). With a 3- D seismic grid and three more wells, the original oil- in- place estimate was reduced to 45 MMBBL (7 MkL). Subsequent drilling of three more wells has enabled this estimate to be increased to about 110 MMBBL (17 MkL). Production from the field is currently at a rate of about 43 000 BOPD (6800 kL/d), from the discovery well and the latter three wells. Seismic data across the Jabiru structure is poor and lacks character at the reservoir level, with the result that interpretation is partly dependent on the interpreter's preferred structural model. Initially, interpretation of a broad horst, up to 3 km across, seemed appropriate. Now most of the oil in the structure is thought to be in a narrow sub- structure, about 500 m wide, believed by some to be a sub- horst. The existence of a sub- horst is difficult to justify structurally, and a third possibility, in which the sub- horst was a terrace of a now- inverted graben, is proposed. The development of the graben and its subsequent inversion would most likely result from strike- slip and dip- slip motion along an underlying northeast- trending fault. The strike- slip is interpreted as right- lateral during the Late Jurassic, and left- lateral during Early Cretaceous and Late Miocene to Holocene. Such strike- slip has not previously been recognised in the Jabiru area.Consideration of structural models has been useful in predicting the potential of areas of very poor data at Jabiru. The concept of balanced sections is helpful in determining the model which best fits the data and is geometrically feasible.
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Reams, Lester C. "Arbitration vs Litigation – Has the Business Mindset Used the Mandatory Arbitration Clause/Agreement to Compromise the Right to Trial to Resolve Business Disputes in the United States." Bulletin of Taras Shevchenko National University of Kyiv. Public Administration 11, no. 1 (2019): 23–35. http://dx.doi.org/10.17721/2616-9193.2019/11-3/7.
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Purpose. The purpose of the article is to reveal whether the business mindset has used the mandatory arbitration clauses/agreements to compromise the US consumer’s right to a trial to resolve business disputes in the United States. Methodology. The results of the study were obtained by the following methods: systematic and comparative methods – to determine the essence and peculiarities of historical business behavior, business ethics and mindset; time, cost and mindset factors in arbitration vs litigation from the businesses’ and consumers’ perspectives; analysis and synthesis methods – to reveal the complex historic factors and interests that pre-determined the formation and application of arbitration. Findings. In accordance with the study objectives, the author: 1) identified that business mindset was focused on making a profit and doing whatever it takes to make that profit and achieve the ambition of the business owner(s); 2) observed that companies’ bend towards arbitration in the US developed as a way to avoid profit loss and avoid obstacles that would impede business for achieving it ambition due to high cost and duration of litigation; 3) revealed that there was concerted effort between business and pro-business supporters to favor the use of mandatory arbitration, which waived the right to trial; 4) discovered that actions to ban mandatory arbitration have been pre-empted by the Federal Arbitration Act; 5) unveiled that during COVID 19, while jury trials are on hold, proceedings whether litigation or arbitration are still taking place remotely; 6) concluded that the business mindset used the mandatory arbitration clause/agreement to compromise the right to trial to resolve business disputes in the United States. Originality. The author offers original insights and interpretation of historic factors leading to the development and transformation of arbitration, as an alternative to litigation, system and procedures. The article contains original analysis of the newest events and practical outcomes of the status-quo of the US Legal System. Practical value. In the light of a growing consumer backlash as result of the abuses occurring in the arbitration process, the article may serve as a methodological and theoretical basis for further development of American business legislation in the part of dispute resolution. The United States Elections of 2020 will be a determinant of the fate of mandatory arbitration and the right to trial.
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Sun, Li, Yongchen SunLiu, and Naiji Fu. "Optimization Design on Triangle Plate of Auxiliary Frame of Mixer Truck." Open Mechanical Engineering Journal 8, no. 1 (September 16, 2014): 297–302. http://dx.doi.org/10.2174/1874155x01408010297.
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In order to solve the question of crack of the auxiliary frame of mixer truck, especially with the life of the triangle welding position is low, the triangle support of auxiliary frame optimization design is put forward Firstly, three dimensional structure model of auxiliary frame is established by Pro/E and the model is imported into HyperMesh software for meshing. The solver RADIOSS is used to calculate the maximum stress and the positions at the different full load conditions. Including the static, left front wheel lifted up by 210 mm, the right rear wheels (double) lifted up by 210 mm and the left front and right rear wheels lifted simultaneously up by 210 mm. Then the experimental vehicle test is performed. The test results and simulation results are compared and show a good consistency and the accuracy of the finite element model is validated. Then the three optimization design schemes of the triangle are put forward and the maximum stress of the optimal auxiliary frame are calculated in contrast with the original stress. The scheme 2 is found to be the most optimal, which provides an effective method for solving the fatigue of the auxiliary frame.
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Shikhovtsova, Albina Olegovna. "Some aspects of the evolution of legal regulation of citizens’ right to participate in the administration of justice in the Russian Federation." Юридические исследования, no. 3 (March 2021): 1–8. http://dx.doi.org/10.25136/2409-7136.2021.3.35064.
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This article examines the evolutionary transformation of the consolidation of citizens’ right to participate in the administration of justice. The author carries out a detailed analysis of the origins of the citizens’ right to participate in the administration of justice, and formulates the main outcome of the development of legislative consolidation of this right through reference to the analysis of legal acts of various historical stages and a comparative legal research of the experience in regulation of this question. Emphasis is placed on evolution of the forms of citizens' participation in the administration of justice, concept of the citizen's eligibility in this sphere, correlation with other political rights and freedoms of the citizens. The conclusion is drawn that legislative consolidation of this right indicates direct interrelation with the social standards of a certain historical stage. The key aspects of the historical-legal evolution of the institution of citizens’ participation in operation of the courts include: - Recognition of the fact of public participation in the implementation of justice; - Recognition of the institution of citizens’ participation in operation of the courts as a component of the society; - Arrangement of the institution of citizens’ participation in operation of the courts from the institution of society to the full-scale component as part of public authority; - Complication of configuration of the circle of subjects of legal proceedings from involvement of individuals as jury to establishment of the right of these subjects to direct participation in the administration of justice. The author presents an original approach towards determination of the forms of evolution of legal regulation of citizens’ to participate in the judicial system.
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Ziezold, Herbert, and Christian Grillenberger. "On the critical infection rate of the one-dimensional basic contact process: numerical results." Journal of Applied Probability 25, no. 1 (March 1988): 1–8. http://dx.doi.org/10.2307/3214228.
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Instead of the basic contact process on with infection rate λ we consider for m ≧ 0 the Markov process starting with ξ0(k) = 1 for k ≧ 0 and ξ0(k)= 0 for k < 0 and with changing only those k which are at most m places to the right of the left-most infected cell. For m = 0, 1,· ··, 14 direct computations give critical values which are lower bounds for the critical value of the original basic contact process.