Journal articles: 'Point of Law'

1

NINOMIYA, Shuhei. "From the Point of Family Law." TRENDS IN THE SCIENCES 21, no. 12 (2016): 12_90–12_93. http://dx.doi.org/10.5363/tits.21.12_90.

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UPHAM, F. K. "Law in Japan: A Turning Point." Social Science Japan Journal 12, no. 1 (January 2, 2009): 151–55. http://dx.doi.org/10.1093/ssjj/jyn063.

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Falk, Richard, and Asli Ü. Bâli. "International Law at the Vanishing Point." Middle East Report, no. 241 (December 1, 2006): 34. http://dx.doi.org/10.2307/25164763.

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Likhter, Pavel. "Astroturfing Technologies on a Point of Law." Legal Concept, no. 4 (February 2021): 131–36. http://dx.doi.org/10.15688/lc.jvolsu.2020.4.17.

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Introduction: in the social conditions that are changing under the influence of information and communication technologies, it is of particular importance to protect the interests of consumers from illegal actions of unscrupulous market participants. Increasingly, astroturfing technologies are becoming an integral part of marketing and trading strategies, which make it possible to provide distorted data to the general public under the guise of objective information. The purpose of the study is to find an adequate definition of astroturfing on a point of law; to distinguish legitimate marketing practices from illegal acts that distort perceptions of a product or company; to identify the law enforcement practices in foreign countries; to evaluate the existing approaches to solving the problem in order to correct the Russian legislation. The paper uses the methods of description and interpretation; normative-value, system, logical, dialectical, structural-functional approaches. Results: the forms and features of astroturfing are considered in order to develop its definition; the ways to counteract such technologies are studied and compared; there is a need for amendments that could fill the gaps in the legal regulation of astroturfing. Conclusions: the term “astroturfing” is formulated and its possible forms are listed. It is proposed to investigate the possibility of recognizing contractual relationships, whose subject is online publishing of fabricated reviews, cheating likes, bot mailing via chats, etc. as anti-social transactions. It is considered appropriate to tighten responsibility for the use of astroturfing technologies.

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Mirwanto, Tony, and Asto Yudho Kartiko. "POINT VIEW OF DEPORTASION ON INTERNATIONAL LAW." Jurnal Abdimas Imigrasi 1, no. 2 (October 24, 2020): 76–96. http://dx.doi.org/10.52617/jaim.v1i2.139.

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Immigration is an agency that oversees and acts against foreigners, in addition to that immigration also has a big impact on Indonesia. One of the actions taken by immigration is deportation. Deportation is the attitude of the immigration authorities for foreigners who are suspected or should be suspected of endangering the environment and disturbing public order. Based on the above statement, it can be concluded the formulation of the problem namely how international law views immigration acts, namely deportation. The research method for compiling this journal is the normative-empirical method. Indonesian immigration authorities must urge foreign citizens to comply with the provisions in force in Indonesia so that no party is harmed by the public at large.

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OKUYAMA, Kyoko. "From a View Point of "Family Law"." TRENDS IN THE SCIENCES 14, no. 9 (2009): 72–74. http://dx.doi.org/10.5363/tits.14.9_72.

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McAdams, Richard H. "A Focal Point Theory of Expressive Law." Virginia Law Review 86, no. 8 (November 2000): 1649. http://dx.doi.org/10.2307/1073827.

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Barendt, E. "What is the Point of Libel Law?" Current Legal Problems 52, no. 1 (January 1, 1999): 110–25. http://dx.doi.org/10.1093/clp/52.1.110.

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Funk, T. Markus. "Gun Control and Economic Discrimination: The Melting-Point Case-in-Point." Journal of Criminal Law and Criminology (1973-) 85, no. 3 (1995): 764. http://dx.doi.org/10.2307/1144049.

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Antunes, Rui, Fernando V. Coito, and Hermínio Duarte-Ramos. "Skill Evaluation in Point-to-Point Human-Machine Operation." Applied Mechanics and Materials 394 (September 2013): 463–69. http://dx.doi.org/10.4028/www.scientific.net/amm.394.463.

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Point-to-point reaching manual actions are present in numerous human-machine tasks. This is due to the fact that machines are commonly handled by a human operator through simple multiple interfaces. Therefore, task-performance evaluation methods based on extending the Fitts' law can be used as a skill estimator for the resulting human-machine system. This paper proposes a methodology for qualifying operator skill in point-to-point (p-t-p) man-machine operations, based on several task-performance index evaluation criteria. A 2-D real-time setup was built for the execution and evaluation of the p-t-p tracking experiences over a predefined process dynamics, using a pen tablet as the human-machine interface device. The analysis from the collected data reveals a correlation between operator performance and the fitting error to Fitts' law.

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Edwards, Chris. "Moore's Law." Communications of the ACM 64, no. 2 (January 25, 2021): 12–14. http://dx.doi.org/10.1145/3440992.

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Frader, Joel. "Child Abuse Law." Pediatrics 95, no. 3 (March 1, 1995): 454–55. http://dx.doi.org/10.1542/peds.95.3.454a.

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Pediatrics deserves congratulations for publishing the article by Clark1 on decisions to withdraw or withhold medical treatment in pediatrics. Clark is right to point out the disturbing discrepancy between federal and state standards on this important matter. A number of other important points deserve emphasis. First, the American Academy of Pediatrics (AAP) policy statement, "Guidelines on Forgoing Life-Sustaining Medical Treatment,"2 developed by its Committee on Bioethics, was published earlier this year. Although guidelines do not constitute a standard of medical care, they do provide a useful approach that pediatricians might follow when faced with these difficult situations.

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Costello, Raymond M., Sandra L. Schneider, and Lawrence S. Schoenfeld. "Applicants' Fraud in Law Enforcement." Psychological Reports 73, no. 1 (August 1993): 179–83. http://dx.doi.org/10.2466/pr0.1993.73.1.179.

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Applicants' fraud in the form of “self-inflation” bias discriminates against the “honest” applicant who does not engage in a deceptive self-presentation. The MMPI dissimulation index is one measure of “self-inflation” or “faking-good,” which, in this study, was used to assess whether the index differentiated police applicants on the basis of disciplinary suspension days. A statistically significant relationship was observed. A 16-point T-score difference ( K < F) was the point of maximum predictive efficiency. Applicants who scored 16 or more points higher on Scale K than on Scale F were statistically more likely to have problematic police careers. Replication of the finding is warranted to evaluate the usefulness of F minus K as an employment screen in police settings. Threats to replication were discussed.

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Brodecki, Zdzisław. "Whatever you think, think the opposite. A space law point of view." Krytyka Prawa 10, no. 1 (March 15, 2018): 59–83. http://dx.doi.org/10.7206/kp.2080-1084.174.

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Sulistyarini, Rachmi, A. Rachmad Budiono, Bambang Winarno, and Imam Koeswahyono. "The Contact Point of Customary Law and Islamic Law (Legal History Perspective)." International Journal of Social Sciences and Management 5, no. 2 (April 23, 2018): 51–59. http://dx.doi.org/10.3126/ijssm.v5i2.19672.

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The period before various legal traditions encounter to Indonesia, the people living in these islands has owned rules that contain the value of values as the original law. The term of original law is also known as the name of "chthonic" law, and is used as the customary law of the community of Indonesia, or the archipelago known at that time. The customary law tradition is very different from other legal traditions; this system has a special character that is very different from the character of other legal traditions. Furthermore, around the seventh century of AD, the influence of religion encounter as well; the first is Hinduism, then the religion of Islam brought by traders from Arabia and India. The term known as custom, with its unwritten form and religious element as the definition proposed by Soepomo (1996), is indeed identical with the term given by experts in the colonial period such as: “Godsdientige Wetten, Volks instelingen En Gebruiken" (Regulation of Religious Ordinance, People's Institution and Customs), "Godsdientige Wetten, Instelingen En Gebruiken (Religious Regulations, Institutions, and Customs), Met Hunne Godsdiensten en Gewoonten Samenhangen de Rechts Regelen" (Rules of law relating to Religion and religion customs habits), in addition there are also called the Islamic Law or Mohameden Law. It shows that at that time Customary Law is equalized as religious law. The point of contact between the two can also be identified from the theories that develop at that time as in the theory of Receptio in Complexu (Salmon Keyzer and van Den Berg); Receptie Theory (Scouck Hurgronye); Theory of Receptio a Contrario (Ha zairin). The relationship between customary law and Islamic law is widely found in the field of family law that is the issue of marriage law and inheritance law. After Independence, legislation products related to Islamic law include Law no 1 of 1974, Law no 50 of 2009, Law no 21 of 2008 regarding Islamic Banking.Int. J. Soc. Sc. Manage. Vol. 5, Issue-2: 51-59

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Ono, Hiroshi, Esther G. González, and Linda Lillakas. "Psychophysical point: A disc tends to become a point when Weber’s law fails." Attention, Perception, & Psychophysics 76, no. 3 (January 10, 2014): 894–901. http://dx.doi.org/10.3758/s13414-013-0619-6.

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Addison, Graeme E., Joanna Dunkley, Amir Hajian, Marco Viero, J. Richard Bond, Sudeep Das, Mark J. Devlin, et al. "POWER-LAW TEMPLATE FOR INFRARED POINT-SOURCE CLUSTERING." Astrophysical Journal 752, no. 2 (June 4, 2012): 120. http://dx.doi.org/10.1088/0004-637x/752/2/120.

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18

Eisler, G. Richard, and David G. Hull. "Guidance law for hypersonic descent to a point." Journal of Guidance, Control, and Dynamics 17, no. 4 (July 1994): 649–54. http://dx.doi.org/10.2514/3.21251.

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19

Chen, Chuen-Ming, Ching-Lain Chou, Lu-Ping Tsao, and Chi-Teh Chen. "A modified algorithm for aiming point guidance law." International Journal of Systems Science 31, no. 6 (January 2000): 731–39. http://dx.doi.org/10.1080/00207720050030770.

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Lin, Yu-Ping, Lu-Ping Tsao, and Chun-Liang Lin. "Development of three-dimensional aiming point guidance law." International Journal of Systems Science 41, no. 11 (September 30, 2010): 1353–62. http://dx.doi.org/10.1080/00207720903260176.

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21

Tirbonod, Bernard. "A fixed point in the Coffin–Manson law." International Journal of Fatigue 81 (December 2015): 143–47. http://dx.doi.org/10.1016/j.ijfatigue.2015.06.011.

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22

El-Dakkak, Said. "International humanitarian law lies between the Islamic concept and positive international law." International Review of the Red Cross 30, no. 275 (April 1990): 101–14. http://dx.doi.org/10.1017/s0020860400075343.

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The starting point of the present study is the clash between the warrior instinct inherent in human nature and Islamic law, the realistic character of which is unanimously acknowledged.Islam, in fact, cannot tolerate excessive displays of this instinct, which, as Professor Muhammad Taha Badawi points out, is the strongest of all the impulses to which man is inclined. Inseparably linked to all the factors inciting man to make war, and itself at times unleashing war, the warrior instinct, in any case, arouses violence and becomes a reflex action in anyone subjected to the danger of death.

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23

Tobi, Egbert. "The insurer's point of view." Air and Space Law 11, Issue 2 (April 1, 1986): 84–94. http://dx.doi.org/10.54648/aila1986009.

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24

Varyash, I. "A Law of Social Development." Review of Business and Economics Studies 6, no. 3 (September 30, 2018): 29–33. http://dx.doi.org/10.26794/2308-944x-2018-6-2-29-33.

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Changes in the amount, structure and composition of the information factors point to future changes in a society. This makes it possible to formulate a hypothesis or a law of information impact on a society: increase of information speeds social development, and vice versa, a decrease of information inhibits it. A consequence of what can be called a sociological law of information is that an index of increase/decrease of the amount of information points to the changing direction of social developments, and especially to the turning points in seemingly stable trends. In this article, the above-mentioned conclusion is discussed on the basis of socio-political and financial and economic data.

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25

Hopkins, John. "CONSTITUTION OF TRUSTS-A NOVEL POINT." Cambridge Law Journal 60, no. 3 (November 21, 2001): 441–92. http://dx.doi.org/10.1017/s000819730135119x.

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Though it is unusual for a point of law to be decided by distinguishing a case apparently regarded as virtually having the authority of holy writ, that occurred in T. Choithram International SA v. Pagarani [2001] 1 W.L.R. 1 (P.C.).

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26

Liang, Xin He, and Jian Wei Liu. "Accuracy Analysis of Point Cloud Registration Based on Mark Point." Advanced Materials Research 945-949 (June 2014): 2067–70. http://dx.doi.org/10.4028/www.scientific.net/amr.945-949.2067.

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When optical 3D shape measurement equipment works, they gather dense point cloud using mark points as artificial feature for the purpose of global registration; as a result, rough registration error of multiple scans depends primarily on the location accuracy of these mark points. This paper analyses the 3D measuring error distribution law of the mark points in difference direction, proposes that the measurement error in z direction varies as positive proportion with z square, and inversely proportion with distance between two cameras.

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27

Theocharous, Myrto. "Refugee Asylum: Deuteronomy’s ‘Disobedient’ Law." Studies in Christian Ethics 30, no. 4 (December 2, 2016): 464–74. http://dx.doi.org/10.1177/0953946816680136.

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Taking the contemporary definition for ‘refugee’ by the UN High Commission for Refugees as a starting point, this article examines the law on refugee asylum in Deut. 23:16-17 for parallel points and concerns, in order to gain insight into the ethics that have driven its composition. This law is commonly included in discussions on slavery due to the use of עֶ֫בֶד, but the identification of this ‘slave’ as a foreign refugee seeking asylum in Israel has not been adequately noted. Examining the law under this identification sheds light on refugee experience and Deuteronomy’s ethical stance on refugee asylum.

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Starck, Christian. "The Concept of Law from a Legal Point of View." European Review 22, S1 (May 2014): S180—S185. http://dx.doi.org/10.1017/s1062798713000835.

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Beginning with a quotation of Karl Popper about the difference between natural (physical) and normative law, the normative notion of law is explained as a product of cultural development. In the field of normative law there exists a distinction between laws made by human authorities in a formal procedure and natural law perceived by human reason, often entering into common law and statutory law (e.g. human rights). Law corresponds with reality in the sense that relevant aspects of reality are transcribed by abstract notions and combined with legal consequences. There exists a hierarchy of laws, a pre-eminent position of the legislative over other state functions and the supremacy of the constitution

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29

Spring, Eileen. "The Heiress-at-Law: English Real Property Law from a New Point of View." Law and History Review 8, no. 2 (1990): 273–96. http://dx.doi.org/10.2307/743994.

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By the common law rules of inheritance women in English landed society fell into two classes. Some were altogether excluded from inheriting; others were entitled to succeed to the family estate. The woman thus entitled, the heiress-at-law, is clearly a figure due historical attention. Yet she has never been singled out for long-term consideration. Where she has been the main subject, discussion has always been chronologically limited, and her history has not been carried any distance through the course of legal changes that are relevant to it. Usually she has been discussed as but part of the family, and attention has been focussed largely on eldest sons and their relations with younger children, with younger sons or with daughters not heiresses, as the case may be. To focus on the heiress and to follow her history over the long run, from the thirteenth century to the eighteenth, is the purpose of this article.

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Gillis, Rory. "Contracting for Tax Room: The Law and Political Economy of Tax-Point Transfers." Canadian Tax Journal/Revue fiscale canadienne 67, no. 4 (December 27, 2019): 903–45. http://dx.doi.org/10.32721/ctj.2019.67.4.gillis.

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Tax-point transfers are potentially a foundational tool for changing the allocation of tax room between governments, but they have fallen into disuse in Canadian fiscal federalism. This article argues that the infrequent use of tax-point transfers can be explained, in part, by impediments to the enforcement of intergovernmental contracts. The problem is twofold: (1) tax-point transfers typically consist of long-term non-sequential transactions, in which governments perform their obligations at substantially different points in time; and (2) the common mechanisms for assuring performance in long-term non-sequential transactions are either unavailable or of only modest force in tax-point transfer agreements. The primary implication is that these contractual impediments may discourage governments from using tax-point transfers to achieve an optimal allocation of tax room.

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Ponkin, I. V., and A. I. Redkina. "Artificial Intelligence from the Point of View of Law." RUDN Journal of Law 22, no. 1 (2018): 91–109. http://dx.doi.org/10.22363/2313-2337-2018-22-1-91-109.

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32

Gostin, Lawrence O., Glen Safford, and Deborah Erickson. "Using the Turning Point Model State Public Health Law." Journal of Law, Medicine & Ethics 31, S4 (2003): 88–89. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00765.x.

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The Turning Point Initiative is an initiative for which the Robert Wood Johnson (RWJ) and W.K. Kellogg foundations partnered in order to fund a group of states and a number of communities within each of those states to work through a planning process to look at ways to strengthen their public health systems at the state and local levels. Out of that process, the states and communities would come together at the national level to talk about what they had been learning and what the issues were. There were a number of issues that resonated with all of the states.

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33

Greenstein, Shane, and Feng Zhu. "Open Content, Linus’ Law, and Neutral Point of View." Information Systems Research 27, no. 3 (September 2016): 618–35. http://dx.doi.org/10.1287/isre.2016.0643.

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TSAO, LU-PING, CHING-LAIN CHOU, CHUEN-MING CHEN, and CHI-TEH CHEN. "Aiming point guidance law for air-to-air missiles." International Journal of Systems Science 29, no. 2 (February 1998): 95–102. http://dx.doi.org/10.1080/00207729808929501.

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Eisler, G. Richard, and David G. Hull. "Guidance law for planar hypersonic descent to a point." Journal of Guidance, Control, and Dynamics 16, no. 2 (March 1993): 400–402. http://dx.doi.org/10.2514/3.21020.

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36

Rupp, K., and S. Selberherr. "The Economic Limit to Moore's Law [Point of View." Proceedings of the IEEE 98, no. 3 (March 2010): 351–53. http://dx.doi.org/10.1109/jproc.2010.2040205.

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Harald Baum. "Law in Japan: A Turning Point (review)." Journal of Japanese Studies 35, no. 2 (2009): 451–55. http://dx.doi.org/10.1353/jjs.0.0100.

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38

XUE, Hanqin. "A Point to Meet: Justice and International Criminal Law." Asian Journal of International Law 4, no. 1 (May 16, 2013): 35–39. http://dx.doi.org/10.1017/s2044251313000040.

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Zhang, Huan, Klaus Fraedrich, Xiuhua Zhu, Richard Blender, and Ling Zhang. "World’s Greatest Observed Point Rainfalls: Jennings (1950) Scaling Law." Journal of Hydrometeorology 14, no. 6 (November 22, 2013): 1952–57. http://dx.doi.org/10.1175/jhm-d-13-074.1.

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Abstract The observed relation of worldwide precipitation maxima P versus duration d follows the Jennings scaling law, P ≈ db, with scaling coefficient b ≈ 0.5. This scaling is demonstrated to hold for single-station rainfall extending over three decades. A conceptual stochastic rainfall model that reveals similar scaling behavior is introduced as a first-order autoregressive process [AR(1)] to represent the lower tropospheric vertical moisture fluxes, whose upward components balance the rainfall while the downward components are truncated and defined as no rain. Estimates of 40-yr ECMWF Re-Analysis (ERA-40) vertical moisture flux autocorrelations (at grids near the rainfall stations) provide estimates for the truncated AR(1). Subjected to maximum depth-duration analysis, the scaling coefficient b ≈ 0.5 is obtained extending for about two orders of magnitude, which is associated with a wide range of vertical moisture flux autocorrelations 0.1 < a < 0.7.

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de Cambry, O. "Asymptotic law in sequential estimation of a change point." Statistics & Probability Letters 16, no. 5 (April 1993): 379–90. http://dx.doi.org/10.1016/0167-7152(93)90072-q.

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Claussen, Kathleen. "Tipping Point Challenges in International Economic Disputes." Law & Practice of International Courts and Tribunals 17, no. 1 (June 27, 2018): 61–77. http://dx.doi.org/10.1163/15718034-12341368.

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Abstract This article reviews two critical “tipping point” moments in the evolution of international economic law, so-called given the overwhelming response by the international economic law community in each instance suggesting that the moment ought not be repeated as it called into question foundational tenets of the dispute resolution system. In each instance, an adjudicator was dismissed on the basis of his past decision-making, bringing into sharper focus questions about the mandate of the adjudicator and the checks and balances in relation to the adjudicatory role. This article surveys the availability of ethical or other doctrines to guide arbitrators in this respect and calls for change in the interest of preserving the legitimacy of the international economic law adjudicatory systems.

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Dan, Zhen Hua, Izumi Muto, and Nobuyoshi Hara. "Weathering of Light Metals in the Atmosphere." Applied Mechanics and Materials 148-149 (December 2011): 380–83. http://dx.doi.org/10.4028/www.scientific.net/amm.148-149.380.

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High purity aluminium and magnesium were exposed in the field. The meteorological data showed that the dew point remained at a constant level in the short period. The time dependence of corrosion mass loss of aluminium followed a logarithmic law, and that of magnesium did a linear law. The constant dew point corrosion test (CDPCT) was employed to investigate the effect of chloride deposition rates and dew points. Aluminium was insensitive to the change of chloride deposition rates and dew point. Magnesium corroded more in higher chloride deposition rates and lower dew points. The corroded surface area of aluminium slightly changed with exposure time, and that of magnesium increased gradually.

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Howard, Rick. "The tipping point." Computer Fraud & Security 2009, no. 1 (January 2009): 11–13. http://dx.doi.org/10.1016/s1361-3723(09)70010-7.

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Schauer, Frederick. "Fuller's Internal Point of View." Law and Philosophy 13, no. 3 (August 1994): 285. http://dx.doi.org/10.2307/3504917.

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Schauer, Frederick. "Fuller's internal point of view." Law and Philosophy 13, no. 3 (August 1994): 285–312. http://dx.doi.org/10.1007/bf01001677.

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Zhao, Qing, and Xing Dong Zhou. "Analysis on the Dynamical Law of the Dam's Displacement by the Concept of Time-Displacement." Applied Mechanics and Materials 212-213 (October 2012): 974–78. http://dx.doi.org/10.4028/www.scientific.net/amm.212-213.974.

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In the analysis of dam displacement data, mostly, a single point is used for calculation. Based on the concept named Time-displacement, this paper proposes a new calculation method with multi-point, which can make up the scarcity of analysis on the data of the dam deformation for a long time. Based on the concept of Time-displacement, the method of building the multi-point model is as follows: firstly, according to the deformation monitoring period, displacement data of all monitoring points on the deformation body, can be converted into the displacement rate. And based on displacement rate value, an appropriate rate threshold can be chosen; the rate threshold based on the experience can be used many also. Then the number of every monitoring point exceeding the rate threshold throughout the monitoring period can be recorded, and according to the number, the monitoring points’ Time-displacement could be divided into different levels. If the number of monitoring points on the deformation body is less, the interpolation points would be laid along the direction of the original monitoring sites. By the method of decision tree classification, the interpolation points’ Time-displacement could be figured out. Finally, with the original monitoring points and the interpolation points, the figure about deformation body’s Time-displacement could be drawn, which can reflect the displacement situation about the deformation body more dynamically.

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GU, SHI-JIAN, JUNPENG CAO, SHU CHEN, and HAI-QING LIN. "SCALING LAW OF SUPERFLUID–INSULATOR TRANSITION IN THE 1D BOSE–HUBBARD MODEL." International Journal of Modern Physics B 26, no. 04 (February 10, 2012): 1250014. http://dx.doi.org/10.1142/s0217979211102228.

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The finite size scaling behavior of superfluid–insulator transition in the one-dimensional Bose–Hubbard model is studied. It is shown that the superfluid density of the system with finite size has a maximum at a certain interaction Um and the derivative of superfluid density has a minimum at a certain interaction Ud. The critical point Uc can be quantified by the scaling analysis of either Um or Ud. The transition point Um tends to the critical point Uc from the region of U < Uc, while the Ud tends to the Uc from the region of U > Uc. The transition points Um and Ud satisfy different finite size scaling laws and have the different critical exponents. The divergence speed of the superfluid density is much smaller than that of its derivative at the critical point.

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Kramskoy, Vadim V. "Constructions of the “infirmitive law”, “secundary law”, “potestative law” in the context of a new classification’s subjective law." Gosudarstvo i pravo, no. 11 (2022): 187. http://dx.doi.org/10.31857/s102694520022776-4.

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In this article, the author presents the results of the analysis of the content of the concepts of “subjective law”, “potestative law” and “secundary law”. According to the researcher, each of these legal constructions requires rethinking from the point of view of its internal structure and the essence of those legal institutions that are reflected in them. At the same time, author are offered to use a new legal construction “infirmitive law” in the context of considering the totality of subjective rights, as well as their classification based on the degree of conditionality of the realization of legal interest.

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Herle, Rebecca. "A ‘Charity’ Case in Point." Legal Information Management 14, no. 3 (September 2014): 158–68. http://dx.doi.org/10.1017/s1472669614000395.

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AbstractThis article is written by Rebecca Herle who is the Head of Sales and Marketing at the Incorporated Council of Law Reporting for England & Wales (ICLR). Her article draws on material delivered by two of her colleagues at the ICLR, namely Daniel Hoadley's recent plenary session at the BIALL Conference 2014 called, ‘The Curious Case of the Judgment Enhancers’ and Paul Magrath's article published by Infolaw.co.uk, entitled ‘The Future of Law Reporting’. It also refers in part to Lord Neuberger's speech for the first annual BAILII Lecture (in 2012) entitled ‘No Judgment – No Justice’, and reflects upon the position of the ICLR in the legal profession today. From the birth of the ICLR in 1865 to the present day the article provides a brief history, and then explores the current day issues, of this charitable publisher in its surrounding legal environment. She also offers a glimpse into what the future might hold.

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Anderson, Craig. "Unilateral permission and prescriptive acquisition: a Scottish perspective." Legal Studies 40, no. 3 (June 11, 2020): 477–93. http://dx.doi.org/10.1017/lst.2020.3.

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AbstractIt is common for a legal system to allow a person, in certain circumstances, to gain ownership of land by possessing it for a period of time. This is certainly true of both Scotland and England, although what is precisely required for possession to be established may differ on particular points between the two. One point on which the two may differ is the effect of a unilateral permission to occupy that is given to someone currently occupying the land without any right to be there. This point has most recently been considered from the point of view of English law in Smith v Molyneaux [2016] UKPC 35, [2017] 1 P & CR 7. In this paper, that case and the issues it raises are considered from the point of view of Scots law. It is found that this point raises more general questions about the nature of the mental element of possession, the state of mind with which one must occupy the property in order to be considered a possessor.

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Journal articles on the topic 'Point of Law'

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